Consent, Capacity, DoLS & Mental Health

Question 1

Explain the key elements for consent to be valid

Answer 1

Voluntary
Informed
Mental capacity

Question 2

How can consent be given

Answer 2

Verbally
Written
Non-verbally implied (holding arm out for bp)

Question 3

When is consent not needed

Answer 3

Lacking capacity
Using doctoring of necessity
Risk to public health
Risk of harm
Serious crime

Question 4

What is the MCA

Answer 4

Mental Capacity Act 2005
To protect and empower people over the age of 16 who lack capacity to make decisions about their care

Question 5

Examples of people who may lack capacity

Answer 5

Vulnerable groups
Learning disability
Mental illness
Mental health crisis
Acutely unwell
Infection
Intoxication
Brain injury

Question 6

What is a DoLS

Answer 6

Deprivation of Liberty Safeguarding
Depriving someone of their freedom by placing restrictions on a person, often someone who lacks capacity. Such as locking doors to prevent harm

Question 7

Explain the two questions of the ACID test for DoLS

Answer 7

The test states that person is deprived of their liberty if:
1. They are subject to continuous supervision and control
2. They are not free to leave

Question 8

MCA S2

Answer 8

Detention for up to 28 days for assessment, followed by a MHAA determining discharge to community services, to remain in hospital informally or be detained under S3

Question 9

MCA S3

Answer 9

Detention in hospital for up to 6 months for treatment. This can have a tribunal early to determine if this needs to maintain in place. After the 6 months a MHAA should determine whether this person should be discharged to community care, remain informal or have another section 3.

Question 10

MCA S4

Answer 10

Emergency section hold for up to 72 hours for assessment. Family or AMHP can apply, must be followed by a MHAA to determine outcome. Used in emergency or short notice situations

Question 11

MCA S5

Answer 11

5(4) nurses section power for up to 6 hours
5(2) doctors section power for up to 72 hours

Question 12

MCA S135

Answer 12

Applied for by an AMHP
Allows police to enter patients property and detain a person to a place of safety for a MHAA
24 hours with a 12 hour extension if required

Question 13

MCA S136

Answer 13

Police powers to detain an individual from a public place if they are deemed a risk to themselves or others.
Taken to a place of safety awaiting a MHAA.
24 hours with a 12 hour extension if required.

Question 14

What to do if a person lacks capacity

Answer 14

Protect and empower
Act in best interests
Follow MCA 2005 principles:
1. Assume capacity
2. Support decision making
3. Act in best interest
4. People can make unwise decisions
5. Least restrictive

Question 15

What does mental health include

Answer 15

A persons emotional, psychological and social wellbeing.
It determines how we think feel and act, handle stress and make healthy choices

Question 16

Triggers to mental health crisis

Answer 16

Triggers:
Distressing situations
Traumatic events
Mental illness

Question 17

When a MH crisis turns to an emergency

Answer 17

Suicidal
Self harm
Immediate risk to self or others
Drug use
Violence outbursts

Question 18

Ambulance role in a MH crisis

Answer 18

Secure physical safety
Remove individual from danger
Reduce disturbing stimuli
Lower tension
Prevent physical violence

Question 19

The two types of LPoA

Answer 19

Health and welfare
Property and finance

Question 20

What is a LPoA

Answer 20

A person appointed to make decisions on behalf of another when they lack capacity.
Must be put in pace before the person lacks capacity.