Capacity, Consent & MHA Flashcards
“The ability to make a decision” is the definition of _____
Capacity
Capacity is assumed to be present until proven otherwise in people aged over ___ years.
Over 16yr
When is power of attorney relevant in decision making?
If a patient doesn’t have capacity
How do you assess capacity?
Make sure the patient is able to understand and retain the relevant information for longer than 1 minute. Then be able to use that information to make and communicate a decision.
How does capacity to consent to a treatment work in patient’s aged under 16 years?
Qualified medical practitioner’s opinion if they have capacity or not
What piece of legislation is used for the treatment of physical disorder in patients without capacity?
Adults with incapacity act
What part of the adults with incapacity act is used to authorise the treatment of a physical disorder in patients without capacity to consent?
Section 47
To give consent, patients must understand the ______ of the intervention, the consequences of ______ and the risks, benefits and alternatives.
Nature, purpose and indication of the intervention
Consequences of not getting it
Does the mental health act apply to ASD?
No - actually no sure find out
Does the mental health act apply to psychosis due to alcohol or drugs?
No
Does the mental health act apply to learning disabilities?
Yes
Does the mental health act apply to personality disorders?
Yes
What is the maximum length of a emergency detention order?
72 hours
What is the maximum length of a short term detention?
28 days
What is the maximum length of a compulsory treatment order?
6 months
What criteria must apply for an emergency detention
ALL OF
- Likely mental disorder
- Significantly impaired decision making
- Necessity/urgency
- No alternative available
- Risk to self or others
Can a patient appeal an emergency detention?
No
What is the main limitation of an emergency detention (other than time)?
Only allows emergency treatment
Who can authorise an emergency detention?
Any doctor
What are the criteria for a short term detention?
ALL OF
- Diagnosed mental disorder
- Significantly impaired decision making (due to mental disorder)
- Necessity
- Significant risk to self/ others
- No other options
Can a patient appeal an short term detention?
No
Can you treat a patient under a short term detention?
Yes
Who can authorise a short term detention?
Need approved medical practitioner + mental health officer approval
Can you treat a patient under a compulsory treatment order?
Yes
Can a patient appeal an compulsory treatment order?
Yes
Who can authorise a compulsory treatment order?
Need MHO + 2 doctors approval
Doctors usually psychiatrist + GP
Where can a compulsory treatment order be carried out?
In hospital or in community
