Law and Capacity

Question 1

Which piece of legislation can be used to detain and treat patients with a mental disorder

Answer 1

Mental Health Care and Treatment Act

Question 2

What year did the MHA come into affect

Answer 2

2003

Question 3

What is a mental disorder defined as under the MHA

Answer 3

Mental illness
Personality Disorder
Learning Disability

Question 4

What are the criteria for emergency detention

Answer 4

Mental Disorder likely
unable to make decisions about medical treatment
it is required that the patient be hospitalised to decide treatment
if not detained there is a significant risk to self or others
short term detention would cause delay

Question 5

how long can emergency detention last

Answer 5

up to 72 hours

Question 6

Which rank of Doctor can complete an emergency detention

Answer 6

FY2

Question 7

What is the criteria for short term detention

Answer 7

Mental Disorder
Ability impaired to make decisions about treatment
Necessary to detain patient to decide treatment
If patient not detained may pose risk to self or others

Question 8

What is the main difference between the criteria for emergency detention and short term detention

Answer 8

Short term = mental disorder diagnosed

Emergency = Disorder likey (not confirmed)

Question 9

How long can short term detention last

Answer 9

up to 28 days

Question 10

Who can approve a short term detention

And who must also consent to the detention

Answer 10

trained psychiatrist

Mental health officer

Question 11

Which type of detention cannot be appealed legally

Answer 11

emergency detention

Question 12

What are the criteria for a Compulsory Treatment Order

Answer 12

Mental Disorder
Treatment for disorder is available
If treatment not available patient will pose a risk to themselves or others

Question 13

What are the requirements for a Compulsory Treatment Order

Answer 13

Applied for by MHO
Letters from 2 Doctors
- one of which is the psychiatrist involved in the patients care

Question 14

How long can the Compulsory Treatment Order be enforced

Answer 14

6 months of treatment ad residence

Question 15

What are the legal implications of the Compulsory Treatment Order

Answer 15

Case heard in front of a mental health tribunal where the patient is entitled legal representation

If granted the decision can be appealed at any time by patient or named person

Question 16

What is an advanced statement

Answer 16

Completed by a patient who is, deemed to have capacity, with a Mental Disorder at any time and outlines the treatment the patient would and would not like to receive in the future

Question 17

What is capacity

Answer 17

ability to use and understand information to make a decision and communicate this decision

Question 18

what level of doctor can legally determine capacity

Answer 18

FY2 or above

Question 19

What are the criteria for capacity

Answer 19

Understand the treatment
Understand the benefits, risks and alternatives
Understand consequences of declining the treatment
retain information long enough to use it

Question 20

What is the acronym used to assess capacity

Answer 20

B- believes 
U- understands 
R- retains 
P- processes 
C- communicates 
C- consistency 
C- coercion 
(check there isn't any)

Question 21

What is incapacity

Answer 21

inability to either make, understand, communicate, act on or retain information about a decision

Question 22

What is a certificate of incapacity

Answer 22

confirms patient does not have capacity
found under section 27
allows decisions to be appointed by proxy or doctor