Mental Health Act - capacity and consent Flashcards
What is the criteria for capacity
1) understand and retain information
2) use and weigh that info in a decision
3) communicate that decision
should capacity be presumed ?
yes until proven otherwise
what section of certifies Adults with incapacity
section 47 of Adults with incapacity act 2000
what does section 47 of AWI allow for ?
Authorises treatment of a physical disorder in someone without capacity to consent to treatment
allows for reasonable intervention related to authorised treatments
NOT force unless immediately necessary
does NOT authorise transport of patient
when can someone be appointed power of attorney
before the person loses their capacity
how many people is power of attorney
one or more
difference between power of attorney and guardianship
power of attorney granted when they have capacity whereas guardianship appointed after
how is guardianship applied for
through the court
how many parent are needed to consent for a procedure in an under 16
1
if they disagree seek legal advice
can a guardian place someone in a mental health institute against their will ?
no have to apply through sheriff
age of consent in Scotland
16
name of mental health act in Scotland
Mental Health ( Care and Treatment)(Scotland) Act 2003
what are the 5 criteria for detention under the mental health act
1) (likely) Mental Disorder
2) significantly impaired decision making ability
3) treatment required
4) significant risk to themselves or others
5) informal or voluntary care not appropriate
what is a mental disorder defined as
mental illness, learning disability or personality disorder
what is the difference between capacity and SIDMA (significantly impaired design making ability )
SIDMA is mental disorders alone (i.e not in RTA etc)
how long can someone be detained under the emergency detention order
72 hours
does the emergency detention order allow for treatment
no unless to save life or prevent them being a danger
who can issue an emergency detention order
FY2 and above
can you appeal and emergency detention order
no
how long do short term detention certificates last ?
28 days
can treatment be given under the short term detention certificate
yes
can a short term detention certificate be appealed
yes
can a short term detention certificate be extended? for how long and why
extra 3 days if the needed to put together a compulsory treatment order (CTO) and a further 5 days once CTO submitted
how long is a compulsory treatment order
up to 6 months initially.
who must sign off a CTO
medical practitioner and a mental health officer. Mental disorder must be present not likely.
who applies for the CTO to the tribunal ?
a mental health officer
what must be included in a CTO application
medical reports from 2 independent doctors
MHO report
care plan
how long is treatment authorised in a CTO for
fro up to 2 months of detention
what is an advance statement
patient signs when well stipulates preferences. has to be witnessed and dates but can be overruled
