Mental Capacity Act

Question 1

What are the three essential characteristics of consent?

Answer 1

Informed
Competent
Voluntary

Question 2

What are the two stages of the mental capacity test?

Answer 2

ASSESS:
1 - impairment / disturbance in functioning of person’s mind
2 - has it made the person unable to make a particular decision

understand information > retain information > weigh information > believe information > make decision > communicate that decision

Question 3

Criteria for implementing mental health act

Answer 3

Presence of mental disorder by law
Disorder is of certain nature or degree
Significant risk to person’s health, personal safety, or safety of others
No alternative to hospital admission as a means of safeguarding that risk

Question 4

What is the legal definition of mental disorder?

Answer 4

Any disorder or disability of the mind

Question 5

Define Section 5(4) of the mental health act

Answer 5

RMNs to detain inpatient for 6 hours for medical assessment where mental illness is suspected
X A&E

Question 6

Define Section 5(2) of the mental health act

Answer 6

Consultant or nominated deputy can detain inpatient for up to 72 hours
No appeal available
Allows formal mental health act to be completed
X A&E

Question 7

Define Section 2 of the mental health act

Answer 7

2 doctors (at least 1 should be Section 12(2) approved)
1 approved mental health practitioner
Community / inpatient (not prison)
Section for MAX 28 days for assessment and treatment of mental disorder
Appeal available in first 14 days (heard in 7 days)

Question 8

Define Section 3 of the mental health act

Answer 8

2 doctors (at least 1 should be Section 12(2) approved)
1 approved mental health practitioner
Community / inpatient (not prison)
Section for maximum of 6 months for treatment of mental disorder
1 Appeal (hospital managers panel + tribunal)

Question 9

Define Section 136 of the mental health act

Answer 9

Police power to remove person from public place to place of safety for assessment by doctor / AMHP
Held up to 72 hours
Police to stay with person
Can progress to Section 2 / 3

Question 10

Define Section 17 of the mental health act

Answer 10

Whilst detained under S2 / S3, patients can leave
Walk outside / go home
Several hours / overnight / longer

Question 11

Define Section 117 of the mental health act

Answer 11

Paid and provided after care after Section 3

Question 12

Define Section 135 of the mental health act

Answer 12

Police / medical professional power
Enter home and detain / remove to place of safety for assessment by doctor / AMHP
Held up to 36 hours
Can progress to Section 2 / 3