Capacity and Consent Flashcards
what is capacity
person’s ability to do something, including making a decision, which may have legal consequences for the person themselves or other people.
what way can we assess capacity to consent to treatment in a patient
- understand what the treatment is, its purpose and nature and why it is being done
- understand the benefits, risk and alternatives
- understand the consequences of NOT having the Tx
- retain info long enough to use it and balance it to arrive at a decision
what does the Adults with Incapacity Act provide
framework for safeguarding the welfare and managing the finances of adults (>16y/o) who lack capacity due to mental illness, learning disability or a related condition, or an inability to communicate.
what is power of attorney
authority given by an individual with capacity (known as the Granter) to another person(s) (known as the Attorney/s) to deal with aspects of the Granter’s affairs
what is meant by incapable
a lack of capacity to
- make decisions
- understand decisions
- communicate decisions
- act on decisions
- retain the memory of decisions
what does section 47 prohibit
use of force or detention unless it is immediately necessary and only for as long as is necessary
what does Article 5 of the European Convention on Human Rights protect patients against
arbitrary detention
what criteria does someone need to have meet to be detained under the Mental Health Act
- have a diagnosed Mental Disorder
- Significantly impaired decision making ability
- Risk to self or others
- Less restrictive alternatives not appropriate
- Necessary
- Treatment is available
what are the rules for children and consent
Under 12 years presumed not to have capacity
Under 16 may have capacity to decide depending on their level of understanding
Over 16 assumed to have capacity
what needs to be shown to assume a child between 12-16 have consent
Need to understand nature, purpose and consequence of intervention
Need to understand consequences of not having intervention
can a parents over rule a competent child
NO
- parents can seek legal advice but cannot force child to do anything
what is common law
giving treatment without consent as it cannot be given to save a life or prevent deterioration in health
what is one of the rules of common law
not doing anything a Doctor of you training is not trained to do i.e. act within your abilities.
what are the 3 lengths someone can be detained under the Mental Health Act
Emergency - up to 72 hours
Short Term - up to 28 days
CTO - up to 6 months
how does the Scottish Mental Health Act apply too
person with:
- any mental illness
- learning disability
- personality disorder
what is an emergency detention
where it is necessary as a matter of urgency to detain the patient in hospital for the purpose of permitting a full assessment of the person’s mental state; and where if the patient were not detained in hospital there would be a significant risk to either themselves or others
who needs to sign off on an emergency detention
Registered medical practitioner
Usually with the consent of a Mental Health Officer (but can proceed without if urgent)
what is the criteria for an emergency detention
max of 72 hours
Must be likely that the patient has a mental disorder
Patient’s ability to make decisions about medical treatment for mental disorder must be significantly impaired
No alternative to treatment in hospital required urgently
Short term detention impractical
what are features of the short term detention
Authorises treatment
Lasts for maximum of 28 days
Right of appeal to Tribunal and Mental Welfare Commission
what is the criteria for applying short term detention
patient has mental disorder
patient’s ability to make decisions about the provision of medical treatment is significantly impaired as a result of that mental disorder
necessary to detain the patient in hospital for the purpose of determining what medical treatment should be given to the patient or of giving them medical treatment
There would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person if the patient were not detained in hospital
what is the features of the compulsory treatment order
Right of appeal, may have legal representation
Authorises treatment
Requires to have tribunal hearing
Care Plan prepared by MHO can impose conditions ie residency, attendance at services
Last for up to 6 months
Patient can be in hospital or community
