@theretreatyork18 February 2020
Agreeing to Treatment and Consent
Working with us
Generally, before any treatment can be given to you as a patient at The Retreat York our health clinician will require you to register and contractually sign an agreement that you are happy to work with us. By registering with us you will agree to inform us appropriately about your past clinical healthcare and for us to share your personal information with our consultants so that they can contact you.
For other matters such as sharing your personal information with legal guardians, relatives and friends we will require too seek your prior consent before we can do this. In both cases, this is a fundamental ethical and legal requirement that we must comply with.
To contractually agree to our services or to provide consent you will need to ensure:
- You have the capacity to do this;
- Have enough information to make a decision freely and unambiguously; and
- Understand what proposed treatment is going to be given to you, including the decision making process that was involved in reaching this decision.
At any time during your treatment you will have the opportunity to opt out or withdraw from your treatment but all payable fees will need to be up to date, if applicable.
All of this will be explained to you in your first initial meeting with our clinician.
What is capacity?
Capacity is defined as a person being able:
- To understand the information relevant to decision;
- Retaining the information provided to them;
- Using or weighing up information as part of a process;
- Communicating that decision whether it being talking, using sign language or another mode of communication.
What if I don’t have the capacity to make decisions?
If you lack capacity to make decisions for yourself then our clinicians will always act in your best interests and choose the most appropriate course of action.
There is not set definition of what ‘best interests’ is as everyone’s situation is different. Nonetheless, in achieving your best interests we will always:
- Speak to you to find out your views;
- Consult with your family and friends, where appropriate;
- Identify all relevant circumstances and avoid any restrictions
- Avoid discrimination; and
- Determine when you might regain capacity back, if applicable.
Can I appoint a person to act on my behalf?
Yes. If you don’t have the capacity to make your own decisions then you can appoint a legal guardian, relative or guardian to act on your behalf.
If you are a child, you can ask your parent to act on your behalf.
If you are over 18 years old you can appoint a lasting power of attorney (LPA) to represent you to give consent on your medical and financial affairs and to set limits to of what they can and cannot do.
Alternatively you can appoint a solicitor to act on your behalf.
In all matters, we will require appropriate signed authorisation processes for the third party to act on your behalf.
For further information on this you can refer to the Mental Capacity Act 2005.
Other sources of information include:
You can approach your local NHS Trust and speak to the Patient Advice and Liaison Team (PALS) for help and advice.
Office of the Public Guardian
You can contact the Public Guardian if you want to appoint someone to make decisions for you or get guidance.