Detention And Capacity Flashcards

1
Q

What is the Mental Health Act (1983/2007)?

A

Mental Health Act is legislation covering the compulsory assessment, treatment, and rights of people with mental disorders

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2
Q

What is the Mental Capacity Act (2005)?

A

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

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3
Q

What are the deprivation of liberty safeguards?

A

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

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4
Q

What legislation covers people’s fundamental rights?

A

European Convention on Human Rights
Art.5 - right to liberty and security

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5
Q

What are the two key features of deprivation of liberty?

A

Not being free to leave
Under continuous supervision and control

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6
Q

What are the two conflicting aims to balance?

A

Promoting independence and autonomy

and

Deciding someone should be viewed as vulnerable and protected from taking an action they wish to make (parens patriae)

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7
Q

When might the state make decisions on someone’s behalf (parens patriae)?

A

When a person is deemed to not have capacity to make decisions in their own best interests

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8
Q

What is the court of protection?

A

Court whose purpose is to deal solely with matters arising from the MCA

Capacity
Best interests
Points of law

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9
Q

Who does the mental capacity act 2005 apply to?

A

All persons over 16 years old
Applies result to all people, in health, neurodiversity and neuropsychiatric illness

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10
Q

What is the two stage test of the mental capacity act 2005?

A

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)

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11
Q

What are the 4 principles of establishing capacity?

A

Presumption of capacity
Support through practicable steps
Unwise decisions (frontal lobe paradox)
Best interests

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12
Q

What is the Gillick competence?

A

Test of capacity of the emotional maturity and intelligence of a child (under 16)

Right to self-determine confidentiality of a healthcare encounter

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13
Q

What are the two wills for lasting power of attorney?

A

Health and welfare
Finance and property

Appoints someone to take these decisions on your behalf

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14
Q

What is the CRPD?

A

UN - Convention on the rights of persons with disabilities

Not binding

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15
Q

How does the mental capacity act conflict with the CRPD?

A

MCA creates a category of people with fewer rights
Only people with mental disabilities can fail the MCA test and so inherently unfair

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