Mental Health Act & Capacity

Question 1

what is the role of the mental health act?

Answer 1

overrides an individual’s right to self-determination for their benefit in certain well defined circumstances
it allows for treatment of mental disorder or physical consequences of mental disorder in someone without capacity to consent to treatment

Question 2

what are the 5 criteria a patient must come under to be detained under the mental health act?

Answer 2

likely mental disorder
significantly impaired decision making ability
determining treatment required
significant risk
informal / voluntary care not appropriate

Question 3

what are the 3 types of mental disorder?

Answer 3

mental illness
learning disability
personality disorder

Question 4

what does significantly impaired decision making ability (SIDMA) mean?

Answer 4

as result of mental disorder, the patients ability to make impaired decisions about medical treatment is significantly impaired

not same as incapacity

Question 5

what does an emergency detention order allow?

Answer 5

72 hour assessment which does not authorise treatment

Question 6

does patient have right to appeal an emergency detention order?

Answer 6

no

Question 7

what is the only circumstances in which treatment would be allowed in an emergency detention order?

Answer 7

to save patient’s life
to prevent serious deterioration in patients condition
to alleviate serious suffering
to prevent patient from being danger to themselves or others

Question 8

what does a short detention order allow?

Answer 8

detain for up to 28 days for assessment / treatment

Question 9

who needs to approve a short detention order?

Answer 9

medical practitioner + mental health officer

Question 10

does patient have right to appeal short detention order?

Answer 10

yes

Question 11

what does compulsory treatment order allow?

Answer 11

detain for initially up to 6 months

Question 12

who needs to approve a compulsory treatment order?

Answer 12

metal practitioner + mental health officer

reports from 2 independent Drs, a care plan and a mental health officer report

Question 13

compulsory treatment order requires a mandatory tribunal - true or false?

Answer 13

true

Question 14

how often should compulsory treatment be reviewed?

Answer 14

6 months then yearly

Question 15

under short-term detention or compulsory treatment order, what can you not give?

Answer 15

electroconvulsive therapy 
nutrition by artificial means 
vagus nerve stimulation 
transcranial magnetic stimulation 
any medicine given for the purpose of reducing sex drive
neurosurgery

Question 16

what must you be able to do to be seen to have capacity?

Answer 16

understand and retain relevant information
use and weigh that information to make a decision
communicate that decision

Question 17

what age should capacity be assumed?

Answer 17

> 16 until proven otherwise

Question 18

can those <16 years of age consent?

Answer 18

yes if they have capacity

Question 19

what must you understand to consent to an intervention?

Answer 19

what the intervention is, its nature and purpose and why being proposed
main benefits / risks / alternatives
consequences of not receiving intervention

Question 20

what can be used to authorise treatment of a physical disorder in someone without capacity to consent to that treatment?

Answer 20

section 47 of the adults with incapacity act (AWIA)

Question 21

what are the main principles of the AWAI?

Answer 21

intervention must benefit adult
such benefit cannot reasonably be achieved without intervention
take account of past and present wishes
consult with other relevant persons
encourage the adult to use residual capacity