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4C - Psychiatry > Mental Health Act and Mental Capacity Act > Flashcards

Mental Health Act and Mental Capacity Act Flashcards

1
Q

what is the MHA

A

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

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2
Q

What is the MCA

A

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

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3
Q

who does the mental health act apply to

A

adults and children

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4
Q

what 3 things does the mental health act do

A

defines mental disorders

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

provides safeguards against arbitrary detention

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5
Q

what are the 5 guiding principles of the mental health act

A
  1. Least restrictive option and maximising independence
  2. Empowerment and involvement
  3. Respect and dignity
  4. Purpose and effectiveness
  5. Efficiency and equity
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6
Q

is a learning difficulty a mental disorder

A

no

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7
Q

is alcohol and drug dependence a mental disorder

A

no

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8
Q

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

A

informally - their own choice
sectioned

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9
Q

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

A

no

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10
Q

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

A
  1. have capacity
  2. consent and not resist admission
  3. free to leave whenever they want
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11
Q

what 2 criteria need to be met to section a patient

A
  1. must warrant detention in hospital
  2. must be detained in the interest of their own health or safety OR protection of others
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12
Q

how long can a patient be sectioned

A

28 days
it cannot be renewed

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13
Q

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

A
  1. suffering from mental disorder
  2. for health and safety of themselves or others
  3. there is appropriate medical treatment available
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14
Q

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

A

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

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15
Q

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

A
  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
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16
Q

how many doctors needed for section 2 and 3

A

2

17
Q

how many doctors needed for section 4

A

1

18
Q

what is section 4

A

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

19
Q

what is the difference between section 4 and 5

A

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

20
Q

what are the powers of the police under the MHA

A
  1. can enter private property to remove a patient
  2. can transfer a patient to a place of safety for 72hrs
21
Q

what are the 5 core principles of capacity

A
  1. A presumption of capacity.
  2. Individuals being supported to make their own decisions
  3. Unwise decisions
  4. Best interests
  5. Least restrictive option
22
Q

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

A
  1. understand info
  2. retain info
  3. use or weigh info
  4. communicate decision
23
Q

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

A
  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)
24
Q

what are the 2 types of lasting power of attorney

A
  1. health and welfare
  2. property and financial affairs
25
Q

who is an independent mental capacity advocate

A

someone assigned to them to support and represent the patient

26
Q

what can an independent capacity advocate do

A

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

27
Q

when MUST the NHS involve an IMCA

A

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

28
Q

who can manually restrain a pateint

A

ONLY security at the hospital

29
Q

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

A
  1. believe the action is necessary to prevent harm to the person lacking capacity
  2. Restraint must be proportionate
30
Q

what is DoLs

A

deprivation of liberty

31
Q

what is the 2 stage test for DoLs

A

(i) Under complete supervision and control?

(ii) Not free to leave?

32
Q

difference between MHA and MCA

A

MCA is lack of capacity - can be for physical reason

MHA - only for mental health reasons

4C - Psychiatry (15 decks)

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