Capacity, Consent & MHA

Question 1

“The ability to make a decision” is the definition of _____

Answer 1

Capacity

Question 2

Capacity is assumed to be present until proven otherwise in people aged over ___ years.

Answer 2

Over 16yr

Question 3

When is power of attorney relevant in decision making?

Answer 3

If a patient doesn’t have capacity

Question 4

How do you assess capacity?

Answer 4

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.

Question 5

How does capacity to consent to a treatment work in patient’s aged under 16 years?

Answer 5

Qualified medical practitioner’s opinion if they have capacity or not

Question 6

What piece of legislation is used for the treatment of physical disorder in patients without capacity?

Answer 6

Adults with incapacity act

Question 7

What part of the adults with incapacity act is used to authorise the treatment of a physical disorder in patients without capacity to consent?

Answer 7

Section 47

Question 8

To give consent, patients must understand the ______ of the intervention, the consequences of ______ and the risks, benefits and alternatives.

Answer 8

Nature, purpose and indication of the intervention

Consequences of not getting it

Question 9

Does the mental health act apply to ASD?

Answer 9

No - actually no sure find out

Question 10

Does the mental health act apply to psychosis due to alcohol or drugs?

Answer 10

No

Question 11

Does the mental health act apply to learning disabilities?

Answer 11

Yes

Question 12

Does the mental health act apply to personality disorders?

Answer 12

Yes

Question 13

What is the maximum length of a emergency detention order?

Answer 13

72 hours

Question 14

What is the maximum length of a short term detention?

Answer 14

28 days

Question 15

What is the maximum length of a compulsory treatment order?

Answer 15

6 months

Question 16

What criteria must apply for an emergency detention

Answer 16

ALL OF

• Likely mental disorder
• Significantly impaired decision making
• Necessity/urgency
• No alternative available
• Risk to self or others

Question 17

Can a patient appeal an emergency detention?

Answer 17

No

Question 18

What is the main limitation of an emergency detention (other than time)?

Answer 18

Only allows emergency treatment

Question 19

Who can authorise an emergency detention?

Answer 19

Any doctor

Question 20

What are the criteria for a short term detention?

Answer 20

ALL OF

• Diagnosed mental disorder
• Significantly impaired decision making (due to mental disorder)
• Necessity
• Significant risk to self/ others
• No other options

Question 21

Can a patient appeal an short term detention?

Answer 21

No

Question 22

Can you treat a patient under a short term detention?

Answer 22

Yes

Question 23

Who can authorise a short term detention?

Answer 23

Need approved medical practitioner + mental health officer approval

Question 24

Can you treat a patient under a compulsory treatment order?

Answer 24

Yes

Question 25

Can a patient appeal an compulsory treatment order?

Answer 25

Yes

Question 26

Who can authorise a compulsory treatment order?

Answer 26

Need MHO + 2 doctors approval

Doctors usually psychiatrist + GP

Question 27

Where can a compulsory treatment order be carried out?

Answer 27

In hospital or in community