Legal Issues

Question 1

Consent is

Answer 1

informed, freely given and given by a person with capacity for the decision in question maintained during the period of treatment

Question 2

Incapacity means

Answer 2

to be incapable of acting or making decisions or communicating decisions or undersatdning decsions or retaining the memory of decisions bcos of mental disroder

Question 3

Treatment can be given without consent can ge given under common law

Answer 3

allows for treatment in emergency situations of physical or mental disorders if unable to consent

• best interests of individual
• necessary to sustain life, prevent serious detrioration or alleviate sever pain and suffering

Question 4

Advance directive

Answer 4

sets out persons wishes about healthcare should he or she become incpapble of taking decisions about treatment

Question 5

power of attorney

Answer 5

• allows someone to choose another persos to make decisions on their behalf
• both welfare (personal wlefare, residentil and medical decisions) and financial

Question 6

certificate of incapacity

Answer 6

must state likely duration and treatment

Question 7

mental disorder means

Answer 7

§any pental illnes, personailty diroder or LD
- NOT by reasons of sexual orientation, sexual deviancy, transexualism, alcohol or drug dpenedence, behaviour that causes harassment , alram or distress to any other person, acting as no prudent person would act

Question 8

emergecny dentation certificate

Answer 8

emergency admission up to 72 hours, can be done by fully registered medical practicition, no appeal, cannot authorise regular treatment

Question 9

criteria for emergency detention

Answer 9

mental disorder, impaired ability to make decision about treatment, signif risk to health, safety, welfare or safety of others, urgent, undesirable delay to obtain short term detention certificate

Question 10

SHort term detention certificate

Answer 10

28 days, approved medical practitioner, MHO consent needed, can be appealed at mental health tribunal, can authorise treatment

Question 11

short term detention certificate criteria

Answer 11

• mental disorder
  signif impaired ability to make decision about treatment
  requires hosp assessment and treatment
• signfic risk to health, safety , welfare or safety of others
• necessary

Question 12

nurses holding power

Answer 12

to detain pending a medical exam

can be detained for 3 hrs by registered mental health nurse

Question 13

criteria for nurses holding power

Answer 13

• mental disorder
• necessary for protection of patients health, saftey or welfare or saefty of others
• not practical to secure immediate medical exam
• necessary to carry out a medical exam to determine if an emergency or short term detention certificate is required

Question 14

compuslory treatment order

Answer 14

• to treat
• from 6 monthss and can be renewed yearly
• needs 2drs / MHO
• can be appealed by tribunal
• treatment can be authorised

Question 15

criteria for CTO

Answer 15

• mental disorder
• imaoired ability to make decisons
• signif risk bla bla
• treatments likely to prevent mental disorder from worsening
• CTO is necessary

Question 16

adult at risk is

Answer 16

• unable to safeguard their own wellbeing, property rights or other interests
• at risk of harm as
  affected by disability, mental disorder, illness or infirmity

Question 17

DVLA should be notified about

Answer 17

• severe depression or anxiety
  acute psychoctic epsidoe - revoked until stabel for 3 months
• hypomaina or mania - same as above
• schizophrenia - should not drive during acute illness

Question 18

persistent depndence of alcohol/ substances DVLA

Answer 18

licence revoked until 6 months - year of sobriety