Seeking consent: working with older people

Department of Health Publications PO Box 777 London SE1 6XH Fax: 01623 724524 E-mail doh@prolog.uk.com

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First Published: November 2001 © Crown Copyright Produced by the Department of Health 25753 1p 20k Nov 01 (BEL) Please quote reference 25753 when ordering. www.doh.gov.uk/consent

Introduction

If your work involves treating or caring for people (anything from helping people with dressing to carrying out major surgery), you need to make sure you have the person’s consent to what you propose to do, if they are able to give it. This respect for people’s rights to determine what happens to their own bodies is a fundamental part of good practice. It is also a legal requirement.

The Department of Health guidance, Reference guide to consent for examination or treatment, sets out in detail the current English law on consent and gives references to legal cases and good practice guidance from regulatory bodies for those who want to know more. This booklet focuses on the particular issues which may arise when seeking consent from older people.

The first part of this booklet concentrates on older people who have the capacity to accept or refuse treatment or care, while the second part gives guidance on how you should act if the person is not capable of making their own decisions. It should never be assumed that people are not able to make their own decisions, simply because of their age or frailty. The third part looks at research and the final part looks at the particular issues which arise when considering if life-prolonging treatment should be withheld or withdrawn from a person.

The Government has set out its intentions, in the policy statement Making decisions, to create a new legal framework for adults who are unable to consent for themselves. This guidance sets out the current position, pending the creation of that new framework.

http://www.health.wa.gov.au/mhareview/resources/documents/UK_DoH_Consent_older.pdf