Mental Health Act and Mental Capacity Act

Question 1

what is the MHA

Answer 1

regulates assessment & treatment of mental illness and allows for compulsory detention and treatment.

Question 2

What is the MCA

Answer 2

is the law for decision making on behalf of adults who lack mental capacity to make their own decisions.

Question 3

who does the mental health act apply to

Answer 3

adults and children

Question 4

what 3 things does the mental health act do

Answer 4

defines mental disorders

explains when you can detain and treat patients who have a mental disorder

provides safeguards against arbitrary detention

Question 5

what are the 5 guiding principles of the mental health act

Answer 5

1. Least restrictive option and maximising independence
2. Empowerment and involvement
3. Respect and dignity
4. Purpose and effectiveness
5. Efficiency and equity

Question 6

is a learning difficulty a mental disorder

Answer 6

no

Question 7

is alcohol and drug dependence a mental disorder

Answer 7

no

Question 8

what are the 2 ways a patient can be admitted with a mental disorder

Answer 8

informally - their own choice
sectioned

Question 9

can detention be used to treat mental patients for a physical health problem

Answer 9

no

Question 10

what are the 3 things a patients must have and do to be admitted informally

Answer 10

1. have capacity
2. consent and not resist admission
3. free to leave whenever they want

Question 11

what 2 criteria need to be met to section a patient

Answer 11

1. must warrant detention in hospital
2. must be detained in the interest of their own health or safety OR protection of others

Question 12

how long can a patient be sectioned

Answer 12

28 days
it cannot be renewed

Question 13

what 3 criteria must be met for a patient to be detained for treatment?

Answer 13

1. suffering from mental disorder
2. for health and safety of themselves or others
3. there is appropriate medical treatment available

Question 14

give some examples of evidence needed for health and safety of a patient

Answer 14

Self harm
Suicide
Self neglect
Suffering an accident due to their own recklessness

Question 15

what should you consider before sectioning a patient (5 things)
for section 2 and 3

Answer 15

1. alternative means of providing care
2. patient wishes
3. patient age and physical health
4. patient cultural background
5. impact on carers and children

Question 16

how many doctors needed for section 2 and 3

Answer 16

2

Question 17

how many doctors needed for section 4

Answer 17

1

Question 18

what is section 4

Answer 18

A and E sectioning
an emergency basis for assessment, for up to 72 hours only

Question 19

what is the difference between section 4 and 5

Answer 19

5 is for voluntary inpatients
4 is to section A and E

Question 20

what are the powers of the police under the MHA

Answer 20

1. can enter private property to remove a patient
2. can transfer a patient to a place of safety for 72hrs

Question 21

what are the 5 core principles of capacity

Answer 21

1. A presumption of capacity.
2. Individuals being supported to make their own decisions
3. Unwise decisions
4. Best interests
5. Least restrictive option

Question 22

a person does not have capacity if they are unable to do: (4 things)

Answer 22

1. understand info
2. retain info
3. use or weigh info
4. communicate decision

Question 23

who do you need to consult to determine treatment for someone who doesn’t have capacity

Answer 23

1. anyone caring for the patient
2. anyone interested in their welfare (family, carers etc)
3. attorney (power of attorney)
4. a deputy (appointed by court of protection)

Question 24

what are the 2 types of lasting power of attorney

Answer 24

1. health and welfare
2. property and financial affairs

Question 25

who is an independent mental capacity advocate

Answer 25

someone assigned to them to support and represent the patient

Question 26

what can an independent capacity advocate do

Answer 26

available to people who lack capacity who are ‘unbefriended’ (no one willing to be consulted)

Question 27

when MUST the NHS involve an IMCA

Answer 27

when the decision is with regards to providing, withholding or stopping serious medical treatment

Question 28

who can manually restrain a pateint

Answer 28

ONLY security at the hospital

Question 29

what 2 conditions need to be met to chemically tranquilise a patient

Answer 29

1. believe the action is necessary to prevent harm to the person lacking capacity 2. Restraint must be proportionate

Question 30

what is DoLs

Answer 30

deprivation of liberty

Question 31

what is the 2 stage test for DoLs

Answer 31

(i) Under complete supervision and control? (ii) Not free to leave?

Question 32

difference between MHA and MCA

Answer 32

MCA is lack of capacity - can be for physical reason MHA - only for mental health reasons