Detention And Capacity Flashcards
What is the Mental Health Act (1983/2007)?
Mental Health Act is legislation covering the compulsory assessment, treatment, and rights of people with mental disorders
What is the Mental Capacity Act (2005)?
Mental Capacity Act is legislation empowering individuals to make their down decisions where possible
and
Protecting the rights of those who lack capacity by allowing someone else to work in their best interests
What are the deprivation of liberty safeguards?
Deprivation of liberty safeguards under the MCA is a framework for people who need to be deprived of their liberty for care and treatment to which they lack the capacity to consent
What legislation covers people’s fundamental rights?
European Convention on Human Rights
Art.5 - right to liberty and security
What are the two key features of deprivation of liberty?
Not being free to leave
Under continuous supervision and control
What are the two conflicting aims to balance?
Promoting independence and autonomy
and
Deciding someone should be viewed as vulnerable and protected from taking an action they wish to make (parens patriae)
When might the state make decisions on someone’s behalf (parens patriae)?
When a person is deemed to not have capacity to make decisions in their own best interests
What is the court of protection?
Court whose purpose is to deal solely with matters arising from the MCA
Capacity
Best interests
Points of law
Who does the mental capacity act 2005 apply to?
All persons over 16 years old
Applies result to all people, in health, neurodiversity and neuropsychiatric illness
What is the two stage test of the mental capacity act 2005?
Impairment of brain or mind - section 2
Inability in decisional function - section 3
Understand information
Retain information
Weigh information to make a choice
Communicate the choice
Section 2 impairment must lead to section 3 inability (causative nexus)
What are the 4 principles of establishing capacity?
Presumption of capacity
Support through practicable steps
Unwise decisions (frontal lobe paradox)
Best interests
What is the Gillick competence?
Test of capacity of the emotional maturity and intelligence of a child (under 16)
Right to self-determine confidentiality of a healthcare encounter
What are the two wills for lasting power of attorney?
Health and welfare
Finance and property
Appoints someone to take these decisions on your behalf
What is the CRPD?
UN - Convention on the rights of persons with disabilities
Not binding
How does the mental capacity act conflict with the CRPD?
MCA creates a category of people with fewer rights
Only people with mental disabilities can fail the MCA test and so inherently unfair
