8 - mental health — schizophrenia Flashcards
what is the Mental Capacity Act (MCA) an example of?
case law consolidated into statute
another name for common law?
case law or precedent
what is capacity?
everyday ability that individuals possess to make decisions or to take actions that influence their life
describe capacity
- legal and not a medical concept
- ability to make a decision
- relates to a particular decision
- relates to a particular time
- person may be able to make some decisions but not others
- can vary over time
describe the MCA 2005
- provides legal framework for acting and making decisions on behalf of individuals who lack the mental capacity to make particular decisions for themselves
- legal framework to empower and protect people who may not be able to make their own decisions
- enables planning ahead for when a person may lose capacity — choice
who must comply with the MCA?
- everyone working with and/or caring for a person over the age of 16 who may lack capacity to make specific decisions when making decisions or acting for that person
- the same rules apply whether the decisions are life changing events or everyday matters
what are the principles of the MCA?
- a person must be assumed to have capacity unless it is proven otherwise
- a person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success
- a person it not to be treated as unable to make a decision merely because he makes an unwise decision
- an act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests
- before the act is done, or the decision is made, regard must be had to whether the purposive for which it is needed can be achieved ion a way that is less restricitve of the person’s rights and freedom of action
describe the capacity test
- understand info related to the decision
- retain info related to the decision
- use or weigh that info as part of the process of making the decision
- communicate the decision (whether by talking, using sign language or any other means)
Advance Decisions vs Advance Statements
advance decisions
- legally binding
- refusal of treatment in future
- written statements by individuals to plan should they lose capacity
- doesn’t have to be written if not life-saving
advance statements
- not legally binding
- writes down wishes and desires should they lose capacity eg. don’t want to go into a care home
what is a mental disorder?
any disorder or disability of the mind
purpose of the mental health act 1983?
- put in place to treat individuals who suffer with “Mental Disorders”
- to safeguard individuals who lack the capacity to consent to treatment for their mental disorder
- to protect individuals and protect others
what are the guiding principles of the MHA?
- least restrictive option and maximising independence
- empowerment and involvement
- respect and dignity
- purpose and effectiveness
- efficiency and equity
what is the criteria for detention under the MHA?
- suffering from mental disorder of a nature or degree which warrants the detention of the patient in hospital for assessment (assessment followed by medial treatment) for at least a limited period
and
- the person ought to be so detained in the interests of his own health or safety or with a view to the protection of other persons
what does section 1(3) of the MHA state?
that dependence on alcohol or drugs is not considered to be a disorder or disability of the mind for the purposes of the definition of mental disorder in the act
alcohol or drug dependence may be accompanied by, or associated with, a mental disorder which does fall within the acts definition. if the relevant criteria are met, it is therefore possible, for example, to detain people who are suffering from mental disorder, even though they are also dependent on alcohol or drugs
section 2 MHA
assessment, lasts for up to 28 days
