Older Persons Mental Health Flashcards
What is the difference between implied and expressed consent?
Expressed Consent: a clear direct statement of agreement to a treatment procedure. Can be provided in writing or verbally expressed
Implied Consent: indicated by the patient’s actions, for example walking into the emergency room before passing out, you are giving implied consent to be treated until you wake up
What is meant by mental capacity being Time Specific?
- Assessing Capacity at a specific point in time, only holds at that point as capacity can change.
What is meant by mental capacity being Decision Specific?
- Patients may have capacity of some decisions over others
- For example choosing breakfast over making medical decisions
What are some of the reasons people lack capacity?
- Dementia
- Learning Disability
- Brain Injury
- Mental Health Condition
- A stroke
- Unconsciousness caused by an anaesthetic or sudden accident
What are the 5 principles of the Mental Capacity Act 2005?
- A presumption of capacity
- Individuals being supported to make their own decisions
- Unwise decisions
- Best Interests
- Less Restrictive Option (make a decision/ act in a way that would interfere less with the person’s rights and freedom of action)
What is the 2 stage Capacity test?
Stage 1: Does the person have an impairment of their mind or brain, whether as a result of an illness or external factors such as alcohol or drug use?
Stage 2: Does the impairment mean the person is unable to make a specific decision when they need to?
Assessing Capacity:
1. Does the patient understand the information
2. Can the patient retain the information
3. Can the patient weigh up the information
4. Can the patient correctly communicate their decision
What is Lasting Power of Attorney?
- A lasting power of Attorney is a legal document that allows you to appoint one or more people to help you make decisions or to make decisions on your behalf
- This gives you more control over what happens to you if you have an accident or an illness and cannot make your own decisions
- There are two types:
1. Health and Welfare
2. Property and Financial Affairs
What are Deputies appointed by the court of protection?
- A deputy is a person the Court of Protection appoints to make decisions for you
- They do this when you have lost capacity to make decisions yourself
Who qualifies to be a deputy?:
Be aged 18 years or older, have the mental capacity to be your deputy
1. Acts in your best interests 2. Have the skills and ability to carry out the duties of a deputy 3. They are trustworthy and reliable
What is a Public Guardian?
- The office of the public guardian works by protecting people who lack capacity from abuse
- This can be by setting up and managing LPA
- This can be by setting up and managing a register of court orders
What is Advance Decisions to refuse treatment?
- An advanced decision allows you to make decisions about your treatment ahead to time whilst you still have mental capacity
- It lets you choose and explain which medical treatments you do and do not want
- You can decide to say no to life-sustaining treatment such as ventilation, CPR and antibiotics
What is an Independent Mental Capacity Advocate? (IMCA)
IMCA - Is an advocate appointed to act on your behalf if you lack capacity to make certain decisions and they do not have family or friends appropriate to consult about the decision
- Support people who lack capacity to make certain decisions
What is an Independent Mental Health Advocate? (IMHA)
IMHA - Is an advocate appointed to act on your behalf who is trained in the Mental Health Act 1983 and helps support people to understand their rights under the act and participate in decisions about their care and treatment
What is the Deprivation of Liberty Safeguards
- DoLS is to make sure that people who lack capacity are looked after in a way that does not inappropriately restrict their freedom and is in their best interests
- Only applies to patients in care homes and hospitals
What scenarios apply to DoLs?
1. Is the person under continuous supervision and control
2. Is the person not free to leave
3. Does the person lack capacity to consent to their care arrangements
What is a Mental Disorder?
- A mental disorder is characterised by a clinically significant disturbance in an individual’s cognition, emotional regulation or behaviour
- It is usually associated with distress or impairment in important areas of functioning
What is Section 2 of the Mental Health Act?
- If you have a mental disorder you can be detained up to 28 days under the Mental Health Act, if it necessary for you own health/ safety or for the protection of other people