Mental Capacity Act And Mental Health Act

Question 1

Mental Capacity Act principles

Answer 1

1. Assume the pt has capacity
2. Pts should be supported to make their own decisions - explain benefits and risks, translator etc.
3. Pts are allowed to make unwise decisions
4. Decision must be in best interest if lacks capacity
5. Least restrictive option

Question 2

Advanced decision

Answer 2

Ability to make decisions in advance of becoming incapacitated

Question 3

If advanced decisions are not made

Answer 3

Act in pateints best interest

Question 4

Lasting power of attorney

Answer 4

Allows someone else to legally make healthcare decisions for another

• LPA must be organised when the person has capacity

Question 5

2 stage capacity test

Answer 5

1. Any impairment affecting understanding - drugs/alcohol/delirium/ cognitive deficit/ phobia
2. Has it a made the person unable to make a particular decision - retaining information (dementia)

Question 6

How to show capacity - 4 Stages

Answer 6

1. Understand information
2. Retain information
3. Use information to weigh up options
4. Communicate decision

Question 7

Best interest principles

Answer 7

1. Circumstances considered
2. Patient should participate
3. If pt can regain capacity, may wait
4. Must ascertain pts past and present wishes and feelings
5. Take into account next of kin decisions

Question 8

Advanced decisions features

Answer 8

• only related to medical treatments
• can only refuse treatment
• cannot require a doctor to provide treatment e.g. euthanasia
• must be over 18 and have capacity

Question 9

Lasting power of attorney features

Answer 9

1. Prescribed form registered with the Public Guardian
2. Can extend to property, welfare and healthcare matters
3. Must be in best interest

Question 10

Deprivation of liberty safeguard purpose

Answer 10

Allowed to lock doors and withdraw certain freedom from patients who are mentally ill and lack capacity

Question 11

Deprivation of liberty safeguard features

Answer 11

1. For patients in hospital or care homes who lack capacity
2. MDT assessment
3. Lead = social workers

Question 12

Mental Health Act purpose

Answer 12

Used to get person into hospital for treatment but cannot be used to treat the physical condition

• minimises the undesirable effects of mental illness

Question 13

Criteria of MHA

Answer 13

1. Mental disorder of certain nature and degree
2. Significant risk to the persons health, safety and safety of others
3. No alternative to hospital admission as a means of safeguarding

Question 14

Section 5(4)

Answer 14

• allows mental health nurses to detain an inpatient for up to 6 hours for medical assessment where mental health is suspected

Question 15

Section 5(2)

Answer 15

• allows a consultant or nominated deputy to detain an inpatient in hospital for up to 72 hours under the MHA
• no appeal
• to allow a formal mental health act to be completed

Question 16

Section 2

Answer 16

• requires 2 doctors at least 1l of whom should be section 12(2) I.e. psychiatrist
• 1 mental health practitioner
• can detain someone from the community or inpatient
• section for maximum of 28 days for assessment and treatment
• can appeal within the first 14 days

Question 17

Section 3

Answer 17

• requires 2 doctors – at least 1 of whom should
  be Section 12(2) approved
• 1 Healthcare professional
• Can detain from the community or inpatient
• Section for maximum of 6 months for
  treatment of a mental disorder

Question 18

Section 136

Answer 18

• Police power to remove a patient to a place of
  safety from a public place for an
  assessment by a healthcare practitioner and 1 doctor.
• Held up to 24 hours to allow
  assessment
• Police to stay with person
• If needed second doctor attends for a
  MHA assessment for Section 2 or 3

Question 19

Section 135

Answer 19

Police can remove a person from their home to a place of safety for assessment

Up to 24 hours

Police to stay with patient