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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
4.Frequently Asked Questions
a. The Format of an ADRT?
b. Ethical Dilemma - 2
c. Refusing Life - Sustaining Treatment?
d. Personal Reflection - 4
e. Distributing an ADRT?
f. Relationship of the Mental Capacity Act to the Mental Health Act?
g. Is an ADRT legal?
h. Handling Emergencies?
i. Clinical Scenario - 4: Consent to healthcare treatment-blood transfusion
j. Conscientious Objection?
5.End of Module Quiz
Section 4 - Frequently Asked Questions  
Ethical Dilemma - 2

You are a District Nurse and have been attending a man with severe Parkinson’s Disease. You visit the patient as he seems to have deteriorated and now cannot communicate verbally or write. The daughter in law who has had to give up her job to care for your patient says that he made an ADRT refusing “artificial nutrition and hydration by any means including a feeding tube in the future if his Parkinson’s Disease is so severe he cannot swallow”.

You are presented with a form that states a valid and applicable written ADRT for your patient. It has been signed by the daughter in law and by a witness who happens to be the patient’s 21 year old step daughter. They claim the patient made the decision a few weeks ago and got them to sign for him and in his presence.

This ADRT has come as a surprise. ADRT was only a story line on “Holby City Hospital” television drama last night. What do you do? Do you challenge the daughter in law of the authenticity of their claim?

Discussion

Before acting the professional must establish the facts properly. The patient must be presumed to have capacity and this must be maximised. Other forms of communication could be used to confirm the decision including non verbal signs, the use of assistive technology, involvement of speech therapists. If the patient has now lost capacity the ADRT must first of all be assessed for validity and applicability.  If the ADRT is valid the authenticity should only be challenged if there is a justified reason for concern. Further opinion from other people would be important including social services especially if they are already involved.  If the authenticity of the ADRT is justifiably contested a best interests / professional assessment by the senior professional (in this case it could be the GP) should be made. This might even involve the use of an Independent Mental Capacity Advocate or other representative for the patient. Any suggestion of abuse to this vulnerable adult must be considered and acted upon based on local policy
Additional Information: Audit 2. Documentation
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