Legal Flashcards
1
Q
What is valid consent?
A
- given feely without duress or coercion
- legally capable of consenting
- cover the intervention / procedure
- informed
- enduring
2
Q
To have capacity, someone must be able to what?
A
- understand and retain relevant information
- use and weight that information to make a decision
- communicate that decision
3
Q
What are the principles of the adults with incapacity Scotland act 2000?
A
- intervention must benefit the adult
- such benefit cannot reasonably be achieved without the intervention
- take account of past and present wishes
- consult with other relevant persons
- encourage he adult to use residual capacity
4
Q
What is the AWI section 47 certificate?
A
- authorises practitioner to provide reasonable interventions related to the treatment authorised
- does not authorise force unless immediately necessary and only for as long as is necessary
- does not specifically authorise the transport of the adult to the place of treatment
5
Q
Describe power of attorney
A
- granted whilst they have capacity
- powers to act as their continuing (financial) and or welfare attorney
- in case capacity is lost at some future point
- one or more persons
6
Q
Describe guardianship
A
- applied for by one or more individuals
- or local authority
- granted by the sheriff
- welfare and or financial
- person requires someone to make specific decisions on their behalf over the long term
7
Q
What are the powers of the welfare guardian?
A
- cannot place the adult in hospital for treatment of mental disorder against their will
- if the adult does not comply with the wishes of a welfare guardian, there is a mechanism for the sheriff to issue a compliance order
8
Q
The mental health (care and treatment) Scotland act 2003 allows for what?
A
For treatment of mental disorder or physical consequences of mental disorder in someone without capacity to consent to treatment
9
Q
What is the criteria for emergency detention (section 36)?
A
- likely to have a mental disorder
- significantly impaired decision making ability regarding treatment, due to mental disorder
- detention in hospital is necessary as a matter of urgency to determine what treatment is needed
- risk to health, safety or welfare of the person, or safety of other
- making arrangements for s44 would involve undesirable delay
10
Q
What is the criteria for short term detention (section 44)?
A
- likely to have a mental disorder
- significantly impaired decision making ability regarding treatment, due to mental disorder
- detention in hospital is necessary for assessment or treatment
- risk to health, safety or welfare of the person, or safety of other
- cannot be treated voluntarily
11
Q
What are the 5 criteria for detention under the mental health act?
A
- likely mental disorder
- significantly impaired decision making ability
- determining treatment required
- significant risk; health, safety or welfare of patient, safety of others
- informal / involuntary care not appropriate
12
Q
What is an emergency detention order?
A
- 72 hours assessment
- does not authorise treatment
- fully registered doctor (FY2 and above)
- where possible, a mental health officer should also agree to it
- likely mental disorder
- no right of appeal
13
Q
What is a short term detention order?
A
- up to 28 days for assessment / treatment
- approved medical practitioner plus an MHO
- likely mental disorder
- right of appeal (patient and named person)
- can be extended by 3 days if extra time is needed to put together an application for a CTO or 5 days once CTO application submitted
14
Q
What is a compulsory treatment order?
A
- initially up to 6 months
- approved medical practitioner plus mental health officer
- mental disorder present
- reports from 2 independent doctors (2AMPs or AMP+GP), a care plan and MHO report
- mandatory tribunal
- treatment authorised (for up to 2 months of detention)
- renewal at 6 months then yearly
15
Q
What is an advance statement?
A
- written statement
- signed when the person is well
- how they would prefer (or prefer not) to be treated if they were to become ill in the future
- witnessed and dated
- tribunal and medical practitioner must regard this - it can be overruled
