Individuals' capacity for consent is determined by their capacity to understand certain information that aids decision-making. This is essential when comprehending facts about a sickness, disorder, or injury. Therefore, to give informed consent, a person must be aware of all the pertinent information. The ability of a person to grant permission may be affected by several variables, including fatigue, mental health issues, brain injuries, dementia, and intoxication. Social or healthcare professionals have a duty to make every effort to support everyone in their care in making an educated, voluntary decision, regardless of the obstacle.
Because everyone has a different capacity for decision-making, a support worker must remain alert and considerate of the circumstance. It may appear straightforward and uncomplicated to assume that individuals with mental impairment, physical disease, or linguistic obstacles will be impacted and unable to consent or say being an introvert could be a nightmare sometimes (Ray, 2019). A trained caregiver understands how to establish goals with the service user individually and work compassionately toward good outcomes..
WHAT IS CONSENT CAPABILITY?
The ability of an adult to comprehend information necessary for coming to a free, voluntary decision is referred to as "consent capability." It can be at any stage of life. Either you are a social health worker or a student that needs law dissertation help. A person's capacity to comprehend such information might be impacted by a wide range of ailments, disorders, situations, and injuries.
INFORMED CONSENT
The concept of informed consent is embedded in the principles of the Nuremberg Code, The Declaration of Helsinki and The Belmont Report (Nijhawan, Janodia, Muddukrishna, Bhat, Bairy, Udupa, Musmade, 2013). The term "informed consent" is frequently used in legal contexts to denote that the consent provided satisfies specific requirements. The person giving the consent must be able to reason clearly and access all necessary information to offer informed consent. Reasoning and critical flaws that could prevent someone from making an informed decision
is a person with a poor sense of value and low self-esteem. Someone who has previously experienced physical and emotional abuse. One who has experienced sexual abuse. People who struggle with substance misuse. The homeless or mentally sick. A person with a mental disability or someone who is medically dependent, such as a resident of a nursing home.
WHAT PREVENTS PEOPLE FROM GIVING INFORMED CONSENT?
Before beginning any activities or actions linked to the person's heath, the social and health care provider must obtain consent. A person must be told of all the information necessary to give their consent, including both the potential benefits and hazards. However, they must possess sufficient mental capacity to comprehend the options and choices, evaluate them, and express their consent.
As a result, some obstacles allow the person to express their choice. Accordingly, if a person is unable to do any of the following, they are considered to lack the capacity to express their consent:
- Recognize the information about consent that is given to them.
- Don't wait too long to obtain consent after holding the information.
- Make use of that knowledge to obtain their consent
- Inform others about their choice.
Therefore, the health care provider must make every effort to aid the patient in giving informed consent. This includes providing all the information required to make an informed consent decision and utilizing the appropriate communication techniques to ascertain the person's consent. Head on to the next topic to analyse factors that influence the capacity of an individual to express consent in detail.
THE FACTORS THAT INFLUENCE THE CAPACITY OF AN INDIVIDUAL TO EXPRESS CONSENT
Age, mental health, emotional stability, physical health, and degree of cognitive impairment are some variables that affect consent capacity.
Age
One of the key considerations in determining consent capacity is frequently thought to be age. Younger people frequently have less life experience and may be less likely to comprehend the consequences of their choices. However, there is no set age at which a person is deemed incapable of giving permission; rather, it depends on how mature and intelligent the person is.
Mental State
Their mental state can also influence an individual's capacity to express consent. For instance, those who are intoxicated may not be able to make rational decisions regarding sexual activity. Similarly, people with mental health issues might not be able to decide whether to engage in sexual behaviors.
Financial Hardship
Due to one's current or past financial difficulties, they may think about "another bill," which may affect how they express their consent. They may make a concerted effort to avoid it diplomatically by refusing to sign documents or put anything in writing, opting to nod simply.
Emotional State
The ability to consent might also be impacted by emotional state. For instance, the one who might be exploited by the other may not express or act on feelings of exploitation owing to their fear in situations when one person is in a position of control over another (such as in the case of teacher/student).
Physical State
Physical conditions that impair a person's capacity to think effectively and convey their decisions include exhaustion, discomfort, handicap, and disease. Unconscious people may not be regarded as capable of giving consent, much as someone with severe arthritis might not be able to move without giving consent to help from another person.
Level Of Cognitive Impairment
Finally, the capacity for consent can vary depending on the severity of cognitive impairment. Due to their inability to comprehend the consequences of their choices or the potential outcomes, people with intellectual disabilities may not be able to make completely informed judgments about engaging in sexual behavior. Stress levels and lack of sleep are some factors that may have an impact on one's ability to consent.
END NOTE
Every adult has the right to make informed decisions under the mental capacity statute. It is assumed that they will be able to do so up until or unless there is a significant obstacle. People must also stand by their choices. Therefore, the social and health care worker must help the person make educated, voluntary decisions despite any obstacles.
REFERENCES
Nijhawan, L. P., Janodia, M. D., Muddukrishna, B. S., Bhat, K. M., Bairy, K. L., Udupa, N., & Musmade, P. B. (2013). Informed consent: Issues and challenges. Journal of advanced pharmaceutical technology & research, 4(3), 134.
Fiona, Ray. CM. 2019. How to Improve Your Communication Skills: 3 Strategies to Try at Work. Online Available at <https://www.contentmajestic.com/blog/how-to-improve-your-communication/> [Accessed on 23rd July 2022].
