Mental Health Act and Mental Capacity Act Flashcards
what is the MHA
regulates assessment & treatment of mental illness and allows for compulsory detention and treatment.
What is the MCA
is the law for decision making on behalf of adults who lack mental capacity to make their own decisions.
who does the mental health act apply to
adults and children
what 3 things does the mental health act do
defines mental disorders
explains when you can detain and treat patients who have a mental disorder
provides safeguards against arbitrary detention
what are the 5 guiding principles of the mental health act
- Least restrictive option and maximising independence
- Empowerment and involvement
- Respect and dignity
- Purpose and effectiveness
- Efficiency and equity
is a learning difficulty a mental disorder
no
is alcohol and drug dependence a mental disorder
no
what are the 2 ways a patient can be admitted with a mental disorder
informally - their own choice
sectioned
can detention be used to treat mental patients for a physical health problem
no
what are the 3 things a patients must have and do to be admitted informally
- have capacity
- consent and not resist admission
- free to leave whenever they want
what 2 criteria need to be met to section a patient
- must warrant detention in hospital
- must be detained in the interest of their own health or safety OR protection of others
how long can a patient be sectioned
28 days
it cannot be renewed
what 3 criteria must be met for a patient to be detained for treatment?
- suffering from mental disorder
- for health and safety of themselves or others
- there is appropriate medical treatment available
give some examples of evidence needed for health and safety of a patient
Self harm
Suicide
Self neglect
Suffering an accident due to their own recklessness
what should you consider before sectioning a patient (5 things)
for section 2 and 3
- alternative means of providing care
- patient wishes
- patient age and physical health
- patient cultural background
- impact on carers and children
how many doctors needed for section 2 and 3
2
how many doctors needed for section 4
1
what is section 4
A and E sectioning
an emergency basis for assessment, for up to 72 hours only
what is the difference between section 4 and 5
5 is for voluntary inpatients
4 is to section A and E
what are the powers of the police under the MHA
- can enter private property to remove a patient
- can transfer a patient to a place of safety for 72hrs
what are the 5 core principles of capacity
- A presumption of capacity.
- Individuals being supported to make their own decisions
- Unwise decisions
- Best interests
- Least restrictive option
a person does not have capacity if they are unable to do: (4 things)
- understand info
- retain info
- use or weigh info
- communicate decision
who do you need to consult to determine treatment for someone who doesn’t have capacity
- anyone caring for the patient
- anyone interested in their welfare (family, carers etc)
- attorney (power of attorney)
- a deputy (appointed by court of protection)
what are the 2 types of lasting power of attorney
- health and welfare
- property and financial affairs
who is an independent mental capacity advocate
someone assigned to them to support and represent the patient
what can an independent capacity advocate do
available to people who lack capacity who are ‘unbefriended’ (no one willing to be consulted)
when MUST the NHS involve an IMCA
when the decision is with regards to providing, withholding or stopping serious medical treatment
who can manually restrain a pateint
ONLY security at the hospital
what 2 conditions need to be met to chemically tranquilise a patient
- believe the action is necessary to prevent harm to the person lacking capacity
- Restraint must be proportionate
what is DoLs
deprivation of liberty
what is the 2 stage test for DoLs
(i) Under complete supervision and control?
(ii) Not free to leave?
difference between MHA and MCA
MCA is lack of capacity - can be for physical reason
MHA - only for mental health reasons
