Mental Health Act and Incapacity Flashcards
The adults with incapacity act (section 47 certificate)?
For treatment of a physical disorder in someone without capacity to consent to treatment, this is for adults over 16 y/o
Section 47 certificate authorizes?
- The practitioner to provide reasonable interventions related to treatment authorized
- Used for treatment of a physical disorder
What does a section 47 certificate not authorize?
- Force unless immediately necessary and only for as long as is necessary
- Does not authorise transport of adult to place of treatment
Principles of the section 47 act?
- Intervention must benefit the adult
- Such benefit cannot reasonably be achieved without intervention
- Take account of past and present wishes
- Consult with other relevant persons
- Encourage adult to use residual capacity
Power of attorney is?
-This is someone chosen when the patient has capacity, powers to act as a financial and/or welfare attorney if capacity is lost
What does mental health act allow for?
-Allows for treatment of mental disorder or physical consequence or mental disorder in someone without capacity to consent to treatment
Which provides more protection to patient: AWI or MHA?
MHA
This should be used instead of AWI
5 criteria for detention under the mental health act must be met?
- Likely mental disorder
- Signif impaired decision making ability
- Determining treatment required
- Significant risk to them or others
- Informal/voluntary care is not appropriate
Under the mental health act a mental disorder is defined as?
Mental illness, LD, personality disorder
Types of detention under the mental health act?
- Emergency detention order
- Short term detention order
- Compulsory treatment order
Details about emergency detention disorder?
72 hour assessment
Treatment is not authorized unless emergency
Can be done by FY2 and above
Where possible a MHO should also agree
There is no right of appeal
Making arrangement for short term detention would involved undesirable delay
Details about short term detention order?
- Up to 28 days for assessment/treatment
- Can only be done by approved medical practitioner & approval needed by MHO
- Right of appeal
- These can be extended slightly if putting together a CTO application
Details about compulsory treatment order?
-Initially lasts up to 6 months
-Must know the diagnosis of mental disorder
-Approved by MHO and approved medical practitioner
-Needs reports from 2 independent Drs
-Needs care plan
MHO makes application to tribunal service and there is mandatory tribunal
-Treatment initially authorized and then reviewed at 6 months then after reviewed yearly
What is difference between Emergency & short term order and CTO?
Emergency & STO only needs likely mental disorder whereas in CTO it must be diagnosed
Under emergency detention why can treatment can be given?
- To save a life
- To alleviate serious suffering
- To prevent patient from being danger to themselves or others
