legal aspects of psychiatry

Question 1

definition mental disorder§

Answer 1

any mental illness, personality disorder or learning disability
however caused of manifested

Question 2

who can be detained

Answer 2

> 18yrs

<18yrs by child/adolescent specialist

Question 3

emergency detention certificate

Answer 3

detention up to 72hrs

Question 4

short-term detention certificate

Answer 4

detention up to 28days

Question 5

compulsory treatment order

Answer 5

detention up to 6mo

Question 6

nurses holding power

Answer 6

detention up to 3hrs

Question 7

criteria for detention

Answer 7

• have a mental disorder
• impaired decision making
• risk to self or others
• treatment available
• order necessary

Question 8

named person

Answer 8

right to party proceedings

nominated by patient and wintnessed

Question 9

access to advocacy

Answer 9

right of every person with mental disorder

Question 10

adults with incapacity: incabable of

Answer 10

• acting
• making decisions
• communicating decisions
• understanding decisions
• retaining memory of decisions

Question 11

considerations when applying adults w incapacity act

Answer 11

• intervention must benefit adult
• intervention is least restrictive
• take into account past and present wishes of adult
• take in account relatives, carers

Question 12

capacity

Answer 12

presumed to be present unless proven otherwise

decision specific

Question 13

intervention order

Answer 13

one off power required

application to court

Question 14

guardianship order

Answer 14

someone else appointed to make decisions on behalf of adult

financial, welfare

Question 15

police powers

Answer 15

• removal from public place
• appears in need of treatment, safe place
• detain up to 24hrs
• assessment and make arrangements for Mx

Question 16

diminished responsibility

Answer 16

person who would otherwise been convicted of murder is instead convicted of culpable homicide

Question 17

assessment order: court satisfied that

Answer 17

• mental disorder
• detention in hosp is necessary
• civil risk critereon met
• treatment
• bed available within 7days
• assessment needs to be undertaken in hosp

Question 18

treatment order: court satisfied that

Answer 18

• mental disorder
• treatable
• civil risk
• bed within 7days
• necessary

Question 19

compulsion order: cout satisfied that

Answer 19

• mental disorder
• available Rx
• signif risk
• necessary to be in hosp

Question 20

power of what to be able to take phone away

Answer 20

named person