Legal aspects of psych Flashcards
What are the principles of the Mental Capacity Act?
- Presumption of capacity at all times
- New legal right to support individuals in making their own decisions
- Right to make unwise decisions
- Anything done for pt w/o capacity must be in their best interests and assessment is time and decision specific
- Action should be least restrictive of their freedom
What is involved in making capacity?
Understand
Retain
Weigh up the info given
Recall/communicate decision
What are anticipatory refusals?
Only relate to medical treatments, in the negative to refuse medical treatments but can’t require a specific treatment.
Person must be 18+ and have capacity
What are DOLS?
Deprivation of liberty safeguards for pt in hospital or care homes who lack capacity. Is an MDT assessment.
What are the principles of the mental health act?
- Minimise undesirable effects of mental illness
- Least restrictive
- Participation of pt and next of kin
- Equity, effectiveness and efficiency
What are the criteria for implementing the mental health act?
- Mental disorder
- Of a certain nature
- Of a certain degree
- Risk to health
- Risk to safety
- Risk to others
- Community options won’t safeguard the risk
What is section 5(4)?
Power granted nurses to detain an inpt for up to 6 hours for medical assessment where mental illness is suspected. A+E doesn’t count as inpt.
What is section 5(2)?
Consultant or deputy can detain an inpt for up to 72 hours to allow formal assessment and mental health act to be completed. A+E doesn’t count as inpt.
What is section 2 of the mental health act?
2 Dr (section 12(2) approved) and 1 mental health practitioner to use. Can be community or inpt, not prison.
28 days for assessment and treatment of a mental disorder - can appeal w/i the first 14 days.
What is section 3?
2 dr and 1 mental health practitioner. Can be used in community or inpt, not prison.
6 months for treatment of a mental disorder.
Appeal can take months. Can be extendable.
What is section 136?
Police power to remove to a place of safety from a public place (can’t be from own place) for assessment by a mental health practitioner and a dr - held up to 72 hours.
Police to stay w person.
What is section 17/117?
17 - pt may have leave, walk outside, go home for several hours or overnights
117 - anyone under section 3 = is entitled to aftercare from local authority
What is a community treatment order?
Pt under section 3 can be considered for CTO - if well enough to leave hospital but might not follow up, if they are deemed a threat they can be recalled to hospital if they don’t comply.
