Legal Aspects Flashcards
What are the principles of the Mental Capacity Act 2005?
Presumption of capacity - everyone has the right to own decisions, so assume to until proven otherwise.
Right for individuals to be supported to make their own decisions - give them help.
Individuals must retain right to make what might seem eccentric or unwise.
Anything done for or on behalf of people without capacity must be in their best interests.
Least restrictive intervention.
What are the ways in which consent can be given?
Can be implied
Can be withdrawn
Can be verbal, non verbal or written
Under age 16 may be competent
What are important aspects of the capacity test?
Understand the information relevant to the decision
Retain the information
Use that information as part of the process of making the decision
Communicate his/her decision either by talking, signing or any other means.
What is an advanced decision - anticipatory refusals?
Only relate to medical treatments
Only in the negative to refuse medical treatment of a specific type
An AD cannot require a doctor to provide treatment
Person must be over 18 and have capacity - may be withdrawn or altered orally if the person still has capacity at a later date.
What is an LPA?
Must be made on the prescribed form and registered with the Public Guardian.
Enables a mentally capable person to plan for incapacity.
Can extend to property, welfare, healthcare matters.
What is a deprivation of liberty safeguards (DOLS)?
For patients in hospitals or care homes who lack capacity.
It is an amendment of MCA.
e.g. if need constant supervision, not free to leave care home, frequent use of sedation or medication to control behaviour, need for restraint.
What are important changes to the Mental Health Act 1983 - 2007 changes?
Single definition of mental disorder applies throughout act.
If a detained patient has capacity, they can decide if they which to have ECT, except in emergencies. Cannot be treated by ECT if has valid advanced decision.
Hospital managers must ensure that patients aged under 18 years who are admitted to hospital for a mental disorder be accommodated in an environment that is suitable for their age.
What is Section 5 (4) of the Mental Health Act?
If already in hospital, nurses can stop you leaving until doctor in charge of care or treatment can make a decision about whether to detain you there under Section 5 (2)
Gives RMNs power to detain an inpatient for up to 6 hours for medical assessment, pink form submitted to hospital managers.
What is Section 5 (2) of the Mental Health Act?
The RMO or nominated deputy can detain an inpatient for up to 72 hours under the mental health act, no appeal.
What is Section 2 of the MHA?
2 doctors, at least 1 Section 12 (2) approved, 1 AMHP
Can be community or inpatient, not prison
Section for maximum of 28 days for assessment and treatment
Can appeal within first 14 days, heard within 7 days by a tribunal
What is Section 3 of MHA?
2 doctors, at least 1 Section 12(2) approved, 1 AMHP
Anywhere except prison
Sectioned for max of 6 months for treatment of a mental disorder
1 appeal to both hospital managers and tribunal
What is Section 136 of MHA?
Police power to remove to a place of safety from a public place, for an assessment by an AMHP and 1 doctor.
Held up to 72 hours to allow assessment, police to stay with person.
If needed, second doctor attends for MHA assessment under Section 2 or 3.
What is Section 135 of MHA?
Allows police to gain entry into an individual’s home when an assessment under the Act is being considered and voluntary access denied.
Such entry requires a warrant authorised by a Magistrate.
What is Section 17 of MHA?
Whilst detained in hospital under S2 or 3, a patient may have leave under S17.
Leave to walk outside, go home, for several hours or overnights or longer.
What is Section 117 of MHA?
Concerns the duty to provide care after subject to certain sections of the Act, in order to support their mental health for as long as they require it.
Service user does not have to pay for the services provided under Section 117.
