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
What needs to be filled in after emergency treatment is given under emergency detention?
T4 certificate
What is an advanced statement?
- Written when patient is well and explains how they would prefer to be treated in future
- Should be regarded when making decisions but sometimes is not practical to follow all requests
What is a named person?
Person to support and protect interest of ptnt, they have the right to be notified of, attend and be represented at tribunal hearings
What is advocacy?
Every person with mental disorder has right to access independent advocacy
-Advocates are independent of NHS, help them write statements, understand their rights etc
Who is on panel for mental health tribunal?
Drs
Solicitors
Named person
Patient etc
Role of nurses and detainment?
Registered MH nurses or ID nurses can detain a ptnt who is already in hospital and receiving treatment for up to 3 hours
Role of police and detainment?
Can detain someone for up to 24 hours and allow an assessment to be carried out if they appear to have a mental health disorder and are in need of care and treatment
