Mental capacity and health act

Question 1

detained under MHA

Answer 1

evidence of mental illness
immediate risk to themselves or others
the risk is severe, has to be managed in hospital

Question 2

mental capacity act 2005 v mental health act 1983

Answer 2

mental capacity - used generally for physical problems
mental health - used generally for mentla health problems

Question 3

consent

Answer 3

if capacity, can consent
if 16 - can consent but can not for other people and if <18 can not refuse life threatening tx
parental consent for <16 goes when child becomes competent and has capacity

Question 4

pregnant woman consent

Answer 4

no legal duty to baby until outside womb

Question 5

consent features

Answer 5

must be informed, person must have capacity and must be voluntarily given
can be implied, withdrawn, verbal, non verbal or written

Question 6

advanced decision

Answer 6

MCA places in law the ability to make decisions in advance of becoming incapacitated
if AD not made ensures decisions are mae in the patients best interests
LPA - allows someone else to legally make health care decisions for another but must be at a time when person had capacity

Question 7

capacity test

Answer 7

understand info relevant to decision
retain info
use or weight up info as part of process of making a decision
communicate decision

Question 8

section 5(4)

Answer 8

power granted to detain an inpatient for up to 6 hrs where mental illness suspected
- not in A+E
- pink paper

Question 9

section 5(2)

Answer 9

can detain inpatient for up to 72 hrs under mental health act
- not in A+E

Question 10

section 2

Answer 10

2 doctors and 1 AMHP
section for maximum of 28 days for assessment and treatment (not oral) of a mental disorder
tx can be given against pt’s wishes

Question 11

section 3

Answer 11

2 doctors and 1 AMHP
community or inpatient - section for maximum of 6 months for tx of mental disorder
tx can be given against pts wishes

Question 12

section 136

Answer 12

police power to remove to a place of safety from public place for assessment by AMHP and 1 doctor
held up to 72 hours

Question 13

section 17

Answer 13

whilst detained in hospital - can leave under S17 for a bit

Question 14

section 117

Answer 14

anyone on S3 entitled to aftercare from local authority

Question 15

community rx order (17a)

Answer 15

patient on S3 can be considered for CTO
well enough to leave hospital but may default from tx
pt can recalled to hospital if they do not comply with tx

Question 16

prisoners

Answer 16

not detained under S2 or S3
instead restriction order

Question 17

section 4

Answer 17

72 hr assessment order
used as emergency when section 2 would involve delay. can change to sec 2 on arrival

Question 18

section 135

Answer 18

court order to allow police to break into property to remove person to place of safety