Mental Health Act & Capacity Flashcards
what is the role of the mental health act?
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
what are the 5 criteria a patient must come under to be detained under the mental health act?
likely mental disorder
significantly impaired decision making ability
determining treatment required
significant risk
informal / voluntary care not appropriate
what are the 3 types of mental disorder?
mental illness
learning disability
personality disorder
what does significantly impaired decision making ability (SIDMA) mean?
as result of mental disorder, the patients ability to make impaired decisions about medical treatment is significantly impaired
not same as incapacity
what does an emergency detention order allow?
72 hour assessment which does not authorise treatment
does patient have right to appeal an emergency detention order?
no
what is the only circumstances in which treatment would be allowed in an emergency detention order?
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
what does a short detention order allow?
detain for up to 28 days for assessment / treatment
who needs to approve a short detention order?
medical practitioner + mental health officer
does patient have right to appeal short detention order?
yes
what does compulsory treatment order allow?
detain for initially up to 6 months
who needs to approve a compulsory treatment order?
metal practitioner + mental health officer
reports from 2 independent Drs, a care plan and a mental health officer report
compulsory treatment order requires a mandatory tribunal - true or false?
true
how often should compulsory treatment be reviewed?
6 months then yearly
under short-term detention or compulsory treatment order, what can you not give?
electroconvulsive therapy nutrition by artificial means vagus nerve stimulation transcranial magnetic stimulation any medicine given for the purpose of reducing sex drive neurosurgery
what must you be able to do to be seen to have capacity?
understand and retain relevant information
use and weigh that information to make a decision
communicate that decision
what age should capacity be assumed?
> 16 until proven otherwise
can those <16 years of age consent?
yes if they have capacity
what must you understand to consent to an intervention?
what the intervention is, its nature and purpose and why being proposed
main benefits / risks / alternatives
consequences of not receiving intervention
what can be used to authorise treatment of a physical disorder in someone without capacity to consent to that treatment?
section 47 of the adults with incapacity act (AWIA)
what are the main principles of the AWAI?
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
