MCA & MHA Flashcards
what are the five key principles of MCA
- presumption of capacity
- individuals being supported to make their own decisions (break it down and help them)
- unwise decisions
- best interests
- less restrictive option
MCA applied to who
16 and over
Deprivation of Liberty Safeguarding applies to who
18 and over
what is the childrens act
16 and under
…..
how is Mental capacity assessed
2 stage test of capacity
1) Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? (DIAGNOSTIC TEST)
2) Does the impairment mean the person is unable to make a specific decision when they need to? (FUNCTIONAL TEST)
capacity assessment
decision specific - each treatment cos they might have capacity for other aspects
time specific - weeks later they might have capacity
dynamic (change over time) - can the decision wait and can they decide after they regain capacity ie.delirium
however if they have conditions such as dementia then that will change
how can one demonstrate decision making capacity
understand the info relevant to the decision, they have to believe that the decision they are given is GOOD
retain that info for long enough to make a decision
use or weight that info
communicate their decision whether by speech, sign language or any other means
what is IMHCA
a person assessed as incapable lacks relatives/friends who can be consulted
and
faces
who does MHA apply to
ppl with mental disorder
why can u detain under MHA
risk to others
risk to themselves
risk to person’s health
what is section 2 of MHA
28 days cannot be renewed
- mental disorder, nature or degree, warrants detention for assessment or treatment
- necessary for the health and safety of a person or protection of others
risk of self/to others
no other alternatives
what is section 3 of MHA
6 months can renew, 3 months consent/SOAD
- mental disorder, nature or degree, warrants detention for assessment or treatment
- necessary for the health and safety of a person or protection of others
- appropriate medical Mx is available
how many ppl do u need to section
3
what is section 135
need a magistrates warrant
give right to enter premises even w force
must be accompanied by AMHP and a doctor
S135(2) - can help return patient ie. absconded and convey back to hospital
what is section 136
mentally disordered person found in a public place
gives police right to remove to place of safety
24 hours to assess cannot be renewed
