Capacity and Consent

Question 1

What is consent?

Answer 1

permission for something to happen

Question 2

What is capacity?

Answer 2

the ability to make a decision - people may be able to make a decision on one thing but not the other

Question 3

When should capacity be assumed?

Answer 3

patients that are 16 and over

Question 4

What is the criteria for the Adults with Incapacity Act 2000?

Answer 4

intervention must benefit the patient
such benefit cnnot reasonably be achieved without the intervention
take account of past and present wishes
consult with other relevant people
encourage the adult to use residual capacity

Question 5

What does the AWI section 47 certificate allow?

Answer 5

authorises the practicioner to provide reasonable interventions related to the authorised treatment

Question 6

What does the AWI section 47 certificate NOT allow?

Answer 6

force - unless immediately necessary and only for as long as necessary
transport of the adult to the place of treatment

Question 7

What is a Power of Attorney?

Answer 7

granted while the person still has capacity
can be one or more people
person acts as their continunig finacnial or welfare attorney

Question 8

What is Guardianship?

Answer 8

applied for by the individual or the local athorities
granted by the sherif
can be welfare or financial

Question 9

What happens if an individual does not comply with the guardians wishes?

Answer 9

sherif can release a complience order

Question 10

What can a guardian not do?

Answer 10

place the adult in hospital for treatment of their mental health disorder against their will

Question 11

What is a Mental Health Act section?

Answer 11

short term detention - up to 28 days
needs to be approved by an approved medical practitioner plus a mental health officer
can be extended by 3 days if a compulsory treatment oder is needed

Question 12

What is the criteria for the Mental Health Act?

Answer 12

1. likely to have a mental health disorder
2. significantly impaired decision making ability regarding treatment due to a mental disorder
3. detention in hospital is neccessary to determine what treatment is required
4. risk of health, safety or welfare of the person or safety of others
5. cannot be treated informally

Question 13

Can a patient appeal a section under the Mental Health Act?

Answer 13

yes

Question 14

What is a compulsory treatment order?

Answer 14

treatment can be authorised for up to 2 months of detention then renewed at 6 months then yearly

Question 15

How does a CTO work?

Answer 15

MHO makes an application to the tribunal service

there needs to be reports from 2 independant doctors (2 approved medical practitioners or 1 AMP + 1 GP) and a MHO report

Question 16

What must be present for a CTO?

Answer 16

a mental health disorder

Question 17

What treatment is exempt from being given under a CTO or the Mental Health Act?

Answer 17

ECT
vagus nerve stimulation
nutrition by artifical means
transcranial magenetic stimulation
neurosurgery
any medication that may reduce sex drive

Question 18

When is an Emergency detention order done?

Answer 18

done if making arangements for a short term detention order would cause significant delay

Question 19

What does an Emergency detention order permit?

Answer 19

NO TREATMENT

only what treatment is required

Question 20

How long does an Emergency detention order last for?

Answer 20

up to 72 hours

Question 21

Who can order an Emergency detention order?

Answer 21

FY2 and above plus a mental health officer

Question 22

When can you give treatment under an Emergency detention order?

Answer 22

if saving a patients life
to alleviate suffering
to prevent serious deterioration
to prevent the patient from being a danger to themselves or others

Question 23

How long can a registered mental health nurse or intellectual disability nurse keep somebody in hospital for?

Answer 23

3 hours

Question 24

How long can the police detain somebody for?

Answer 24

24hours

Question 25

Can the police remove somebody from their home?

Answer 25

NO - only public spaces