Legal aspects of psychiatry

Question 1

What are the 5 statuatory principles of the mental capacity act?

Answer 1

• Person must be assumed to have capacity unles its established they lack capacity
• Person is not to be treated as unale to make decision unless all practicable steps to help him do so have been taken without success
• Not to be treated as unable to make a decision if the decision is regarded as unwise
• Act done for those who lack capacity must be done with the persons best interests
• Any act must be effectively achieved in a way that is less restrictive of the person’s rights/freedom of action

Question 2

What are the main civil compulory orders which can be issued?

Answer 2

• Emergency detention certificate
• Short term Detention certificate
• Compulsory treatment order
• Nurses holding power

Question 3

Who can an emergency detention certificate be issued by?

Answer 3

Registered medical practitioner

Question 4

How long can someone be held under an emergency detention certificate?

Answer 4

=72 hours

Question 5

What are the criteria for issuing an emergency detention certificate?

Answer 5

1. Has a mental disorder
2. Due mental disorder - ability to make decisions about the provision of medical treatment is significantly impaired
3. It is necessary for the purpose of determining what medical treatment should be given to the patient or giving medical treatment to the patient
4. There would be a significant risk to the health, safety or welfare of the patient or to the safety of any other person
5. Granting of a short-term detention certificate is necessary

Question 6

What is the process that goes into applying for and issuing a compulsory treatment order issued?

Answer 6

• Application to mental health tribunal by mental health officer. Tribunal makes decision
• Mental health reports - GP and approved medical practition/2 approved medical practitioners

Question 7

How long does a compulsory treatment order last?

Answer 7

Up to 6 months

Question 8

What are the main criteria used for determining if somoene needs to be detained?

Answer 8

• Mental disorder
• Significant Impairment of Decision Making Ability for medical treatment about mental disorder
• Significant risk to health, safety or welfare of the person or the safety of any other person
• Treatment available
• Order necessary

Question 9

How long does a short-term detention certificate last for?

Answer 9

=28 days

Question 10

How long does nursing holding power last for?

Answer 10

Up to 3 hours

Question 11

What are the 5 main criteria that are assessed when assessing if someone has capacity?

Answer 11

Person is incapable of:

• Acting
• Making decision
• Communicating decision
• Understanding decision
• Retaining the memory of decision

Question 12

What is a guardianship order?

Answer 12

Someone else is appointed to make decisions on behalf of the adult (financial or welfare or both)

Question 13

What is an intervention order?

Answer 13

• One off power required
• Application to the court