Advanced Care Planning Flashcards
What do we mean by mental capacity?
One’s own ability to make decisions (can be about personal welfare, health, financial etc..)
What is the aim of the mental capacity act?
Empowers people to make decisions for themselves where possible and protects people who lack capacity to make decisions about their own care and treatment by providing a flexible framework that puts the individual at the heart of the decision making process.
It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.
Where does the mental capacity act apply to?
England & Wales
Mental capacity is both time and decision specific; what does this mean?
- Time specific: patients capacity may change over time hence you must reassess regularly
- Decision specific: people may have the capacity to make one decision (e.g. what to wear) but not have the capacity to make another decision (e.g. whether to have life-saving treatment). Capacity must be assessed for each decision; it’s not as clear cut as ‘you have capacity or you don’t’
State the 5 principles of the Mental Capacity act
- People must be given all appropriate help to make decisions before you decide they do not have capacity (e.g. use of visual aids, interpreters, multiple attempts if not time dependent as capacity can fluctuate)
- Unwise decisions are allowed and it does not mean the person does not have capacity
- Capacity is assumed until proven otherwise
- Decisions made on behalf of individuals must be made in their best interests
- Least restrictive option should be chosen
Outline the two stage capacity assessment
Stage 1
Is there an impairment of, or disturbance in the functioning of, the mind or brain?
Stage 2
If so, does that impairment or disturbance mean that the person is unable to make the decision in question at the time it needs to be made? Can assess this using 4 key components:
- Are they able to understand the information?
- Can they retain the information long enough to make a decision?
- Can they weigh up the information in the process of decision making?
- Can they communicate that decision?
State some reasons why a person may lack capacity
- Dementia
- Severe learning disability
- Brain injury
- Stroke
- Psychiatric illness
- Unconscious
What is an independent mental capacity advocate (IMCA)?
- Person appointed to support a person who lacks capacity but has no one to speak on their behalf (e.g. no NOK, power of attorney etc…)
- Gather as much information about patient as possible, raise any concerns and produce a report representing the patient to help with best interest decision making
For DoLS (Deprivation of Liberty Safeguards) discuss:
- Aims
- Whether it is part of MCA
- Which countries it applies in
- How you get a DoLS?
- What framework is replacing DoLS and how is this different to current DoLS?
- Ensures people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty
- Part of MCA
- England & Wales (and only in hospitals & care homes. Separate system for those in supported living)
- Must apply to local authorities who will carry out an assessment to see if deprivation of liberty is in patients best interests
**NOTE: DoLS framework will be replaced by a new scheme known as Liberty Protection Safeguards (LPS) in April 2022. Main changes to be aware of as medical student is that now applies to people 16yrs and over and applies in domestic settings. LPS applies in a person’s own home or family home, shared living and supported living, hospitals and care homes.
What is a deputy appointed by the court of protection?
What is the difference between a deputy appointed by the court of protection and a power of attorney?
- Person can apply to be someone’s deputy if they lack mental capacity. Court of Protection will then authorise you to make decisions on patients behalf
- An attorney can only be appointed whilst an individual has capacity to do so. A power of attorney allows an individual control over who is appointed as attorney and what powers they have. A deputy can only be appointed once an individual lacks capacity.
- Like with Power of Attorney there are tow types: property & financial affairs, personal welfare deputy
What is a public guardian?
- The role of the Public Guardian is to protect people who lack capacity from abuse
- Guardian appointed by court and is supported in their duties by the Office of the Public Guardian (OPG)
- Public guardians role includes:
- Keeping records of deputies & attorneys and the information that they must submit
- Supervising deputies & attorneys in their duties
- Raising any concerns about deputies or attorney’s and their actions
What is an independent mental health advocate?
IMHAs are independent of mental health services and support people who are under the MHA to understand their rights and participate in decisions about their care & treatment. Roles include:
- Make sure you opinions are heard
- Help you make decisions
- Help you understand your detention & treatment
- Help in tribunals
- Help you get the right help when you leave hospital
What is advanced care planning?
Care provider, the individual and those close to them discuss the pts wishes and priorities for future care
What is an advanced statement?
- Statement, written or verbal, of the patients preferences, wishes and likely plans e.g. preferred place of death
- NOT legally binding
What is a lasting power of attorney (LPA)?
State the two different types
- Individual who has been appointed by patient, whilst they had capacity, to act on their behalf should they lose capacity
- Can have LPA for:
- Property & financial affairs
- Health & welfare
- LEGALLY BINDING
What is an advanced decision to refuse treatment?
- Written statement of regarding what patient does not want to happen to them e.g. artificial nutrition, ventilation, CPR etc… which comes into force when capacity is lost
- LEGALLY BINDING
Define a mental disorder
Any disorder or disability of the mind; it includes mental illness, personality disorder, learning disabilities, disorder of sexual preferences (e.g. paedophilia) but NOT dependence on drugs & alcohol
What is the purpose of the Mental Health act?
Allows people with a mental disorder to be sectioned, detained and treated (for their mental disorder) without their consent either for their own health & safety or for the protection of others. Numerous different sections within the MHA all of which allow different things. Applies in England & Wales only,
When should you use MHA?
*HINT: Revise Our Mental Health Act
For a section 2 discuss:
- What it allows you to do
- Who can/which professionals can reccommend a section 2
- Appeals process
- Allows you to admit & then detain pt for 28 days to allow for assessment & response to treatment
- An AMHP makes the application on the recommendation of two doctors with at least one section 12 approved doctor
- Can appeal to a tribunal during first 14 days (and to hospital managers at any time)
For a section 3 discuss:
- What it allows you to do
- Who can/which professionals can reccommend a section 3
- Renewal
- Appeals process
- When they have to be seen by a SOAD (second opinion appointed doctor)
- Allows you to admit and detain a pt for up to 6 months (but may be discharged before this). Can be detained under S3 if known to mental health services/have mental disorder or following admission under S2
- An AMHP makes the application on the recommendation of two approved clinicians (doctors registrar level & above) with at least one section 12 approved doctor
- Can be renewed for further 6 months. After that renew for periods of one year.
- Can appeal to a tribunal ONCE during first 6 months. If S3 renewed then can appeal once during second 6 months. then appeal can be made once during each year. Can appeal to MHA managers at any time.
- Can be treated against their will for 3 months but after this time must be seen by SOAD if still refusing treatment or lack capacity to see if treatment is needed
What is section 117 aftercare?
Section 117 aftercare is a legal duty that is placed on health and social services to provide after care services for individuals who have been detained under section 3, 37, 47, 48 and 45A.
This may involve support with healthcare, supported accomodation, employment etc..
There are 5 emergency sections; state these
- Section 4
- Section 5 (2)
- Section 5 (4)
- Section 135
- Section 136
For a section 4, discuss:
- When it is used
- What it allows you to do
- How long it lasts
- Who it requires
- Whether you can appeal
- What usually happens following S4
- Allows emergency admission of pts not already in hospital when waiting for personnel or paperwork to complete S2 would cause dangerous delay
- Allows you to detain pt but NOT treat
- 72hrs
- Only requires one doctor (who doesn’t need to be section 12 approved- it is often GP). Application made by NR or AMHP
- No right to appeal
- Usually converted into S2 upon arrival