Capacity and Consent

Question 1

what is consent?

Answer 1

permission for something to happen

Question 2

what must valid consent have?

Answer 2

given without duress, capable, cover procedure and informed

Question 3

what is capacity?

Answer 3

ability to make a decision

someone must be able to understand the relevant information and communicate this decision

Question 4

what is the Adults with Incapacity Act 2000 (Scotland)?

Answer 4

authorises treatment of a physical conditions when a person cannot consent

Question 5

section 47 certificate of incapacity

Answer 5

authorises practitioner to provide reasonable interventions, does not authorise force

Question 6

when is section 47 certificate of incapacity used?

Answer 6

used for treatment of physical disorder when they cannot give consent

Question 7

important parts of the Adult with Incapacity Act 2000

Answer 7

section 47 certificate of incapacity
power of attorney
guardianship

Question 8

what can guardianship not do?

Answer 8

place the adult in hospital for treatment of a mental disorder against their will
disunion between the two then go to sheriff

Question 9

what is the Mental Health Act 2003 (Scotland)?

Answer 9

allows treatment of a mental disorder in someone without capacity

Question 10

what do mental disorders encompass?

Answer 10

mental illness
learning disability
personality disorders

Question 11

important parts of the Mental Health Act

Answer 11

emergency detention certificate (sec36)
short-term detention certificate (sec44)
compulsory treatment order (CTO)

Question 12

what is an emergency detention certificate?

Answer 12

72 hour assessment that does NOT authorise treatment
FY2 and above plus MHO
no right of appeal

Question 13

criteria for emergency detention

Answer 13

likely mental disorder
SIDMA
treatment needed/determining treatment required
risk to themselves or others
arrangements of sec 44 provides undesirable delay

Question 14

when can treatment be given?

Answer 14

save patient’s life
prevent deterioration
in danger

Question 15

what must be completed if treatment is given?

Answer 15

T4 certificate to be completed up to 7 days after

Question 16

what is the short-term detention certificate?

Answer 16

up to 28days for assessment/ treatment
FY2 and MHO
can appeal
CTO application

Question 17

criteria for short-term detention certificate

Answer 17

likely mental disorder
SIDMA
detention necessary for treatment
risk to themselves or others
cannot be treated voluntarilty

Question 18

what is CTO?

Answer 18

allows treatment for up to 6 months
FY2 and above with MHO
application to tribunal service

Question 19

exceptions to CTO

Answer 19

ECT
artificial nutrition
vagus nerve stimulation
transcranial magnetic stimulation
sex drive
neurosurgery

Question 20

when is a young person presumed to have capacity?

Answer 20

age 16

Question 21

rights and safeguards in the mental health act

Answer 21

advance statements 
named person
advocacy
mental health tribunal
nurse holding power
police powers
mental welfare commission

Question 22

what are advance statements?

Answer 22

written when patient is well to describe how they would prefer to be treated

Question 23

what is the mental health tribunal?

Answer 23

decide CTO applications/appeals

psychiatrist, solicitor and 3rd person

Question 24

nurse holding power

Answer 24

registered mental health or intellectual disability nurse can hold patient for up to 3 hours

Question 25

police powers

Answer 25

hold for up to 24 hours