Mental Capacity

Question 1

Principles of the MCA 2005

Answer 1

Pt assumed to have capacity unless established that it is lacking
Pt not to be treated as unable to make a decision unless all practicable steps taken have been unsuccessful
Pt not to be treated as lacking capacity simply due to an unwise decision
Pt’s best interests for any decision made on their behalf
Pt’s rights & freedom & least restrictive option

Question 2

When can a person be detained under the MCA?

Answer 2

Can be restrained or threatened with it
Reasonably believe restraint necessary to prevent harm to Pt
Amount of restraint and time it lasts is proportionate

Question 3

When can police section under s136?

Answer 3

If it appears Pt has a mental disorder and is in need of immediate care and control
Kept so you can be examined by doctor and interviewed by mental health professional and arrangements made for your treatment or care

Question 4

How long can someone be detained under MHA?

Answer 4

section 2 - up to 28 days
section 3 - up to 6 months
section 4 - 72 hours
section 5(2) - 72 hours
section 5(4) - 6 hours

Question 5

How long can someone be detained under s136?

Answer 5

24 hours which can be extended by 12 hours if not possible to assess you in that time
Starts from when you reach place of safety, or when police arrive if they do not take you anywhere

Question 6

What is a place of safety under MHA?

Answer 6

Hospital
Care home
Police station (if behaviour poses imminent risk to your or others’ safety)
Your or someone else’s home (if you and they agree)
Other suitable premises if the manager agrees

Question 7

Assessing capacity

Answer 7

Stage 1 - establish impairment of, or disturbance in functioning of, mind or brain. If not, they have capacity

Stage 2 - establish whether the impairment prevents Pt from making a specific decision

Question 8

Assessing capacity - Stage Two

Answer 8

• can Pt understand relevant info about the decision to be made?
• can Pt retain info for period of time required to make decision?
• can Pt use or weigh info as part of decision making process?
• can Pt communicate their decision?

Question 9

Section 2 MHA

Answer 9

Mental disorder
For assessment & possible medical treatment
For own health & safety or that of others

Question 10

Section 3 MHA

Answer 10

Mental disorder
For own health & safety or that of others
Treatment cannot be given unless you are in hospital
Only if appropriate treatment is available to you

Question 11

Section 5(2) MHA

Answer 11

Voluntary patient or inpatient including inpatients being treated for a medical problem
Doc etc in charge of your treatment needs to confirm that you ought to be detained

Question 12

Section 5(4) MHA

Answer 12

Voluntary patient receiving treatment for mental disorder as an inpatient
For own health & safety or that of others
Too urgent to follow 5(2) route

Question 13

Section 4 MHA

Answer 13

Mental disorder
Own or others’ health & safety
Urgently necessary to be detained in hospital and following section 2 route would cause ‘undesirable delay’
Therefore can be sectioned by one doctor