Mental Health Act And Capacity

Question 1

What must consent be ?

Answer 1

Informed - must give all appropriate information ( risks and benefits )
Competent - does the person have capacity
Voluntary - not coerced by others

Question 2

In what ways can consent be given ?

Answer 2

Implied
Written
Verbal
Non - verbal

Question 3

What is capacity ?

Answer 3

The ability of oneself to make a decision
Can involve personal welfare, healthcare and financial decisions

Question 4

What are the stages of capacity ?

Answer 4

A person can listen, retain and repeat in their own words the information given. They can weigh up and use the information as part of the process of making a decision.
The person should be able to then communicate their decision back to you

Question 5

When are best interests used ?

Answer 5

Made when a patient is lacking capacity

Question 6

What are advance decisions ?

Answer 6

Only relate to medical treatments
Only in the negative to refuse medical treatment of a specific type
Cannot require a doctor to provide treatment
Must be over 18 and have capacity

Question 7

What are the criteria used to implement the mental health act ?

Answer 7

The presence of a mental disorder as defined by law
Disorder is of a certain nature or degree
Significant risk to the persons health, safety or safety of others
No alternative to hospital admission as means of safeguarding that risk

Question 8

What is section 5 (4) ?

Answer 8

Power granted to detain an inpatient ( someone is already admitted to hospital ) for up to 6 hours for medical assessment where mental illness is suspected.( cannot be done in ED )

Question 9

What is section 5 (2) ?

Answer 9

The RMO or nominated deputy can detain an inpatient for up to 72 hours ( cannot be done in ED )
It allows formal mental health act to be completed.

Question 10

What is section 2 ?

Answer 10

Community or inpatient ( anywhere except prison )
Sectioned for 28 days for assessment ( and treatment ) of a mental disorder

Question 11

who is needed to approve section 2 ?

Answer 11

2 doctors - at least one of whom should be section 12(2) approved
1 AMHP

Question 12

Can a section 2 be appealed ?

Answer 12

Yes within the first 14 days

Question 13

What is section 3 ?

Answer 13

Community or inpatient ( anywhere except prison )
Section for maximum of 6 months for treatment of a mental disorder

Question 14

Who is needed to approve section 3 ?

Answer 14

2 doctors - at least 1 of whom should be section 12 (2) approved
1 AMHP

Question 15

What is section 136 ?

Answer 15

Police power to remove to a place of safety from a public place for an assessment by an AMHP and doctor
Held up to 72 hours for assessment where the police stay with them

Question 16

What is section 17 ?

Answer 16

Whilst detained in hospital under section 2 or 3 a patient may have leave under s17 where they can walk outside, go home or stay overnight

Question 17

What is section 117 ?

Answer 17

Anyone who has been on section 3 is entitled to s117 aftercare from local authorities