Legal Issues

Question 1

What if someone can’t consent to ECT or is a child

Answer 1

Mental Health Tribunal must authorize it, but must consider alternative way.

Informed consent can be withdrawn anytime

Question 2

Can’t manage finances in the future

Answer 2

Enduring financial power of attorney

Question 3

Can’t manage finances currently

Answer 3

VCAT-appointed administrator

Question 4

Can’t manage healthcare in future

Answer 4

Enduring medical power of attorney: medical treatment decision maker
Consider Advanced Care Directives

Question 5

Can’t manage healthcare currently

Answer 5

VCAT-appointed guardian

Question 6

Hierarchy of agreeing to medical treatment if patient under MHA and cannot consent

Answer 6

Medical treatment decision maker > guardian > authorized psychiatrist

Question 7

Assessment Order made by whom, lasts how long, purpose

Answer 7

Registered medical/mental health practitioner

Valid for 24 hours, allow 72 hours for transport to mental health service if Inpatient assessment order

To allow patient to be examined by authorized psychiatrist to determine if treatment criteria is met

Question 8

Temporary treatment order made by whom, lasts how long, purpose

Answer 8

Authorized psychiatrist

Max 28 days

Allow patient to be treated temporarily while waiting for Treatment Order

Question 9

Treatment Order made by who, duration, purpose

Answer 9

Mental health tribunal

Community: Max 12 months
Inpatient: Max 6 months, if <18 max 3 months

Allow patient to be treated