Legal aspects

Question 1

What are the types of detention powers?

Answer 1

Emergency detention
Short term detention
Compulsory treatment order
Nurses holding power

Question 2

How long is an emergency detention?

Answer 2

Up to 72 hours

Question 3

What must it be considered likely that to get an emergency detention?

Answer 3

Patient had mental disorder and

Patients decision making ability with regard to medical treatment of that mental disorder if significantly impaired

Question 4

What must one be satisfied that to get an emergency detention?

Answer 4

Necessary as a matter of urgency
Therewould be significant risk to health, safety or welfare of patient or another person
Making arrangements with a view to granting a short term detention would involve an undesirable delay

Question 5

What is the limitation of emergency detention?

Answer 5

Cannot treat them, can only hold them

Question 6

How long is a short term detention?

Answer 6

Up to 28 days

Question 7

What must it be considered likely that in order to get a short term detention?

Answer 7

Patitn has a mental disorder and

Patents decision making with regard to medical treatment of that medical disorder is significantly impaired

Question 8

What must one be satisfied that in order to grant a short term detention?

Answer 8

Necessary as a matter of urgency
There would be significant risk to health. safety or welfare of patient or others
It is necessary

Question 9

What is required to grant a short term detention?

Answer 9

Mental health officer

Question 10

How long can a compulsory treatment order last?

Answer 10

Up to 6 months

Can re renewed for another 6 months and then on an annual basis

Question 11

What must one be satisfied that in order to gain a compulsory treatment order ?

Answer 11

Patient has a mental disorder
Treatment is available and would prevent deterioration or alleviate symptoms
Without treatment, there would be significant risk to health, safety or welfare of the patient or others
Mental disorder significantly impairs decision making
It is necessary

Question 12

What are the criteria for adults with incapacity?

Answer 12

>16yo 
Incapable of:
-acting;
-making decisions;
-communicating decisions;
-understanding decisions; or
-retaining memory of decisions

Question 13

What are th principles of adults with incapacity?

Answer 13

Intervention must benefit adult
Must be least restrictive intervention in relation to the freedom of the adult, consistent with the intervention
Account must be taken of the past and present wishes of the adult
Where practical, account should be taken or relevant others

Question 14

What is diminished responsibility?

Answer 14

Person who would otherwise be convicted of murder instead convicted of culpable homicide, if the person’s ability to determine r control the conduct was substantially impaired by the reason of abnormality of the mind

Question 15

What is guardianship?

Answer 15

Authorises a person to act and make decisions on behalf of an adult with incapacity

Question 16

What is a power of attorney?

Answer 16

Allows someone to make decisions for you should you become in a position where you can no longer make those decisions