Legal Issues Flashcards
What is the Mental Health Act?
It is a law which allows people with a mental health disorder to be admitted to hospital, detained and treated without their consent.
What is the reason for detaining someone under the MHA?
In the interests of their own health and safety
With a view of protecting others
What are the guiding principles to be considered when making decisions under the MHA?
Making sure the purpose of the MHA is being met
Least restrictive as possible
Respect
Participation of patients in their care should be encouraged as much as possible, as well as participation of friends and family
Appropriate use of resources to meet the patient’s needs
What are lasting powers of attorney?
Allows a person to appoint an attorney to act on their behalf if they should lose capacity. Before it can be used, an LPA must be registered with the Office of the Public Guardian.
What are the 2 types of LPA?
Powers to make property and financial decisions
Powers to make health and welfare decisions
What is a Section 2?
Admission for assessment for up to 28 days
Not renewable
An AMHP makes the application on the recommendation of 2 doctors
One of the should be approved under section 12(2) of the MHA (usually a consultant psychiatrist)
Treatment can be given against the patient’s wishes
What is Section 3?
Admission for treatment for up to 6 months
Can be renewed
AMHP along with 2 doctors must have seen the patient within the last 24 hours
Treatment can be given against the patient’s wishes
What is a section 5(2)?
A patient who is a voluntary hospital inpatient can be legally detained by a doctor (has to be the consultant/appointed on call) for 72 hours.
What is a section 5(4)?
Allows a nurse to detain a voluntary inpatient for 6 hours.
What happens when sections are challenged?
They go to tribunal
What is a Deprivation of Liberty Safeguards?
A legal set of safeguards to ensure protection for a patient who because of their metal health, lack capacity to make decisions about their care
They have their liberty deprived as part of this ongoing care/treatment
What are the protections in place to ensure a DOLS has been rightly used?
The patient has an independent representative to act on their behalf
The DOLS is reviews on a regular basis
Patient/representative can challenge the DOLS through the court of protection
How is a DOLS applied for?
An emergency DOLS lasts for up to 7 days, but can be extended upon request if a standard DOLS is not yet in place
A standard DOLS should be applied for at the same time, formal assessment of which must take place within 21 days of application submission
The standard DOLS should be left in place for as little time as possible, bu can last for up to 12 months with ongoing reviews
