Advanced Nursing Practice Toolkit

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Legal and Ethics Guidance

  • Overview
  • What is Ethics?
  • What is Law?
  • Accountability
  • Consent
    • Defining consent
    • Requirements for consent overview
    • Establishing legal capacity and competence
    • Establishing the capacity to refuse treatment
    • Consent given as a free expression of will
    • Providing adequate information disclosure
    • Implications for advanced practitioners
    • Case Study Examples
  • Documentation and Record Keeping
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Requirements for consent overview

For consent to be valid, it must be voluntary and informed, and the person consenting must have the capacity to make the decision (NHS Choices, 2010).

In legal terms, appropriate consent to treatment has three requirements:

  1. That the individual undergoing treatment has the legal capacity and competence to give consent
  2. The consent is the free expression of that individuals' will
  3. The consent given is based on an adequate level of information being provided to allow that consent to be given

Further information on consent can be found at the British Medical Association Consent Toolkit. 

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