Ethics Flashcards
Mental capacity
ability to make decisions and can involve consent about personal welfare, healthcare and financial decisions
Situations where treatment can take place without consent
- Treatment under mental capacity act
- Treatment under MHA
- Treatment authorised by the court
When to suspect lack of capacity
CARD
Cognitive impairment
Abnormal behaviour
Refusing treatment
Delirium
5 principle of MCA
I HELP
best Interest
Help to make decisions
Eccentric or unwise decisions are allowed
Least restricitive option
Presumption of capacity
Types of lasting power of attorney
- Property and affairs
- Personal welfare
Advance care planning
Advance statement or advance decision to refuse treatment or appointing lasting power of attorney
Legal document with a specific refusal of treatment.
Can refuse things but not demand it - cannot refuse basic needs - food / drink etc
Advance statement vs Advance decision
Advance statement is not legally binding unlike decisions
DoLS
Deprivation of liberty safeguard
Make sure people in care homes, hospitals and supported living who lack capacity does not affect their freedom
IMCA
Independent mental capacity act
Someone appointed to support a person who lacks capacity but has nobody to speak on their behalf.
Mental disorder definition
Any disorder or disability of the mind.
It includes, mental illness, personality disorder, LD and disorders of sexual preference, BUT NOT alcohol or drug dependence.
When to use MHA
Revise Our Mental Health Act
Refusal of voluntary treatment
Other options have been considered
Mental disorder -MCA
Harm - risk of
Appropriate treatment - available
Section 2
Admission for assessment
Nonrenewable
Assessment
An AMHP or rarely NR makes application on recommendation of 2 doctors
One of the doctors should be approved under section 12 of MHA
Duration is 28 days
Section 3
Admission for treatment which is renewable
Treatment
6 months
An AMHP or rarely NR makes application on recommendation of 2 doctors
One of the doctors should be approved under section 12 of MHA
Section 4
Used as emergency when section 2 would involve an unacceptable delay.
Emergency
GP, AMHP or NR
72 hours
Section 5(2)
A patient who is a voluntary patient in hospital can be legally detained by a doctor
holding
doctor - responsible clinician
72 hours