Legislation Flashcards
AGE OF LEGAL CAPACITY
At what age is capacity assumed?
What are the rules in someone under this age?
16 +
They can consent to medical treatment if they are deemed to have capacity in the opinion of the qualified medical professional attending them
CAPACITY
To have capacity, someone must be able to do what things?
Understand and retain relevant information
Use and weigh that information to make a decision
Communicate their decision
CAPACITY
To use the adults with incapacity act, the person must be incapable of having capacity in relation to what?
What are the 3 different types of mental disorder?
Any particular matter by reason of mental disorder or of inability to communicate due to a learning disability
Mental illness, learning disability or personality disorder
CAPACITY
Is capacity something which always stays the same?
Should capacity be assumed?
What should be done with regards to capacity in an emergency?
No, so it should be continually reassessed
Yes, it should be assumed until proven otherwise
Deal with the situation first, and the legal paperwork afterwards
ADULTS WITH INCAPACITY
What are the two types of power of attorney?
Who tends to use power of attorney?
Who tends to require guardianship?
Financial or welfare
Tends to be older people
Usually young people from unexpected injury
ADULTS WITH INCAPACITY
If you need to treat someone but they do not have capacity, what form do you fill in?
Who can use this?
This authorises what type of treatment?
How do you go about using this?
Section 47 form
FY2 and above
Treatment of a physical condition only
Talk to the patient to assess capacity, document your findings, fill in the form
MENTAL HEALTH ACT
Section 239 of the mental health act defines what?
This person does not necessarily have to be what?
Defines a patient as someone who has or appears to have a mental disorder
Detained
MENTAL HEALTH ACT
Section 328 of the mental health act specifically states what?
What is a situation in which this could change from being a section 328 situation to section 329?
That a person is not mentally disordered by sexual orientation, or dependence on alcohol/drugs
If a person developed psychosis as a result of taking drugs
MENTAL HEALTH ACT
This allows for treatment of what?
If someone with a mental disorder without capacity is actively refusing treatment, should you use AWIA or MHA? Why?
Mental disorders or physical consequences of mental disorders
Use the mental health act, it allows them more protection
MENTAL HEALTH ACT
What are the 5 main components of this?
Emergency detention certificate
Short term detention certificate
Compulsary treatment order
Advance statement
Nurses holding power
NURSES HOLDING POWER
What does this allow?
They can hold the patient for up to 4 hours for a psychiatrist to come and see them
EMERGENCY DETENTION
Who can use this?
How long does it last?
What happens if the patient is not already in hospital?
Do these patients have a right of appeal?
Does this offer treatment?
Any medical practioner, ideally with the consent of a mental health officer
72 hours
You have 72 hours to get them there
No
No, except emergency treatment, so you should get these patients reviewed by a psychiatrist ASAP
SHORT TERM DETENTION
Who can use this?
Who does this give more rights to than an emergency detention?
How long does this last?
Does it authorise treatment?
Does the patient have the right to appeal?
Only advanced medical practitioners (senior trainee/consultant psychiatrists) with the consent of a mental health officer
The patient and their named person
28 days
Yes
Yes
NAMED PERSON
Who is this and what is their purpose?
Someone who the patient has identified as having a special interest in their care, and should be consulted about treatment and kept informed
COMPULSORY TREATMENT ORDER
Who authorises this?
What is required for this to go ahead and who is involved?
The application is made by the mental health officer, supported by two medical professionals, one of whom must be an AMP (senior trainee/consultant psychiatrist), the other is usually the patient’s GP
A tribunal is required, usually consisting of a lawyer, a psychiatrist and someone else with knowledge of the area. The patient has the right to have their voice heard by the tribunal.
