Capacity, Consent and the Mental Health Act Flashcards
Define consent
Consent (noun) permission for something to happen or agreement to do something
Consent (verb) give permission for something to happen
Define capacity
Capacity is the ability to make a decision
What does section 47 of the adults with incapacity act allow?
- Authorises the practitioner to provide reasonable interventions related to the treatment authorised
- Does not authorise force unless immediately necessary and only for as long as necessary
- Does not specifically authorise the transport of the adult to the place of treatment
5 principles of the adults with incapacity act?
1) Intervention must benefit the adult
2) Such benefit cannot reasonably be achieved without the intervention
3) Take account of past and present wishes
4) Consult with other relevant persons
5) Encourage the adult to use residual capacity
When should the AWIA be used?
to authorise the treatment of a physical disorder in someone who lacks the capacity to consent
Explain power of attorney?
this is someone chosen when the patient has capacity
this gives someone else the powers to act as financial and or welfare attorney if capacity is lost
Explain guardianship?
this is granted by the sheriff
cannot place the adult in hospital for treatment of a mental disorder against their will
if the adult doesn’t comply with guardian wishes thought the sheriff can issue a compliance order
5 criteria for detention under the mental health act?
(Likely) Mental Disorder
Significantly Impaired Decision Making Ability
Determining treatment required (Giving treatment – STD & CTO)
Significant risk
Informal/voluntary care not appropriate
When should emergency detention be done vs short term?
When there is an undesirable delay in granting a Short Term Detention certificate
What is defined as mental disorder under the mental health act?
mental illness, learning disability, personality disorder
How long is an emergency detention order for?
72hrs
Process of getting an emergency detention order?
must be done by F2 or above
where possible MHO should also agree
In emergency detention order is there a right of appeal?
no
In emergency detention order are you authorised to give treatment?
no but in emergencies NOT under this act you could give treatment
How long is a short term detention for? What can be done?
up to 28 days for assessment/ treatment
Process of getting a short term detention order?
can only be done by approved medical practitioner (criteria for this e.g. certain post grad psychiatric exams) plus approval from MHO is needed
When can short term detention be extended?
when putting together an application for CTO
Does short term detention have a right of appeal?
yes
How long is CTO for?
initially lasts up to 6 months
Process of getting a CTO?
must know there is a mental disorder (with short term and emergency detention there just needs to be a likely disorder)
approved by MHO and approved medical practitioner
need reports from 2 independent doctors, care plan and MHO report
MHO makes application to the tribunal service and there is a mandatory tribunal
In emergency detention when can urgent treatment be given?
to save life
to alleviate serious suffering
to prevent the patient from being a danger to themselves or other
What needs to be filled in after giving treatment to someone under emergency detention?
T4 certificate
Authorisation for treatment with CTO or short term detention? Exceptions?
2 months medication
exceptions include: ECT, nutrition by artificial means, vagal nerve stimulation, transcranial magnetic stimulation, any medicine with the purpose of reducing sex drive, neurosurgery
Describe advance statements?
these are written when the patient is well and explains how they would prefer to be treated in the future
should be regarded but practically, not everything can be followed
Describe named persons?
person to support and protect the interests of the patients, the person has the right to be notified of, attend and be represented at tribunal hearings
if under 16 the default named person is the guardians
Describe advocacy?
every person with a mental disorder has the right to access independent advocacy
this is independent of the NHS and helps them write statements etc
Describe the mental health tribunal?
organised by mental health tribunal service Scotland
there is a panel with doctors, solicitors, named person, the patients etc
Powers of nurses to detain?
Registered mental health nurse or intellectual disability nurse
Patient is in hospital and receiving treatment
Necessary for protection of health, safety or welfare of patient or safety of others
Up to 3 hours (to allow doctor to attend and determine if they can hold them under the mental health act)
Policing powers?
Removal to a place of safety
From a public place
Appears to have a mental disorder and is in need of care and treatment
Up to 24 hours to allow and assessment to be carried out
