Your Consent and Decision Making

This document explains how SABA Health ensures your care and treatment are based on your agreement (consent) and how we respect your right to make decisions, even if you are having difficulty doing so.

1. Your Consent
   • Consent is required: We must get your consent before providing any care, treatment, examination, or investigation.
   • Consent must be Voluntary and Informed:
     • It must be given freely by you, without pressure.
     • You must understand the nature, purpose, risks, benefits, and any alternatives to the treatment.
   • You can refuse or withdraw consent: If you have the capacity to make a decision, you have the right to refuse or withdraw your consent at any time. Your refusal will be respected and recorded.
2. The Mental Capacity Act (MCA) – Core Principles
   • The Mental Capacity Act (MCA) 2005 is followed if there are concerns about your ability to make a specific decision. It has five core principles:
     • Always Assume Capacity: We will always assume you have the capacity to make your own decision unless proven otherwise.
     • Support is Given: We must take all practical steps to support you in making your decision.
     • Unwise Decisions are Your Right: You are not treated as lacking capacity just because you make a decision that others consider unwise.
     • Best Interests: If you are found to lack capacity for a specific decision, the decision made on your behalf must be in your best interests.
     • Least Restrictive Option: Any action taken on your behalf must be the least restrictive of your rights and freedoms.
3. Assessing Capacity and Best Interests
   • Capacity Assessment: Capacity is always assessed for a specific decision at a specific time. You are considered to lack capacity only if you cannot understand, retain, use, or communicate the decision's information.
   • Best-Interest Decisions: If you lack capacity, we will consider your past and present wishes, and consult with family members or representatives. We will also respect any existing Lasting Power of Attorney (LPA) or Advance Decision to Refuse Treatment (ADRT).