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module 1 subtitle
Placing the ADRT Specialist Guidance
in Context
1.Introduction
2.Mental Capacity Act 2005
3.Duty of Care and Legal Requirements
a. Assessing Best Interest
b. Ethical Dilemma - 1
c. Advance Decisions to Refuse Treatment
d. Personal Reflection - 3
4.Frequently Asked Questions
5.End of Module Quiz
Section 3 - Duty of Care and Legal Requirements  
Is an ADRT legally binding?
Yes. If an ADRT exists and is valid and applicable, it has to be followed by everyone, as it is a legal document.
An ADRT becomes active when a person loses capacity. A person who has capacity continues to make their own decisions and the ADRT they have made is inactive.
Can a patient demand treatment?
No patient, whether or not he has capacity, has the right, in law, to demand specific forms of medical treatment and therefore no-one can insist, either at the time or in advance, on being given treatments that doctors consider to be clinically unnecessary, futile or inappropriate.

Requests for specific forms of treatment or expressions of wishes or preferences made in advance by a person who subsequently lacks capacity to consent to treatment must be taken into account (in particular those that are expressed in a relevant written statement) in deciding what treatment would be in that person’s best interests.
Addition Information: ADRT National Guide - page 5
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