Mental Health Legislation

Question 1

Name five obstacles to capacity

Answer 1

Impaired intellectual/mental capacity
Intoxication (drugs or alcohol)
Unconsciousness
Communication difficulties-hearing impaired, mute, language
Age

Question 2

What is the act called that gives Guidance about capacity?

Answer 2

Adults with incapacity 2000

Question 3

What does being incapable mean?

Answer 3

For the purposes of the Act, "incapable" means incapable of:
acting on decisions; or
making decisions; or
communicating decisions; or
understanding decisions; or
retaining the memory of decisions.
in relation to any particular matter due to mental disorder or inability to communicate because of physical disability.
CURB

Question 4

What is Gillick’s competency?

Answer 4

Children under the age of 16 can consent to their own treatment if they’re believed tohave enough intelligence, competence and understanding to fully appreciate what’s involved in their treatment

Question 5

What three things make consent valid?

Answer 5

Voluntary (no coercion)
Informed
Capacity

Question 6

What year was the Mental Health Act established in Scotland?

Answer 6

2003

Question 7

How is a mental disorder defined in the section 328?

Answer 7

Section 328 defines mental disorder as:
-any mental illness, 
-personality disorder
-learning disability 
However caused or manifested

Question 8

What are civil compulsory powers?

Answer 8

To detain, assess and treat

Question 9

Who determines civil compulsory powers?

Answer 9

An approved medical practitioner
A Mental Health Officer
The Courts

Question 10

What are four types of Civil Compulsory Powers?

Answer 10

Emergency Detention Certificate lasts up to 72 hours
Short-term Detention Certificate lasts up to 28 days
Compulsory Treatment Order lasts up to six months
Nurses Hold lasts up to 2 hours

Question 11

What is SIDMA?

Answer 11

Significantly Impaired Decision Making Ability

Question 12

Who usually acts as Named Persons?

Answer 12

Guardians
Attorneys
Solicitor
Can be named at time of SIDMA

Question 13

What things might make a patient SIDMA?

Answer 13

lack of insight, 
cognitive impairment, 
presence of psychosis, 
severe depressive symptoms or 
learning disability

Question 14

What is CURD?

Answer 14

About Incapacity

• Communicate the decision
• Understand the information
• Retain the information
• Decision (clear and consistent)

Question 15

What are adults at risk defined as and what act protects them?

Answer 15

Unable to safeguard their own well-being, property, rights or other interests
At risk of harm because they are affected by disability, mental disorder, illness or physical or mental infirmity, are more vulnerable to being harmed than adults who are not so affected.
Adult Support and Protection (Scotland) Act 2007