OPMH - WB Flashcards
Implied vs expressed consent
- Implied - no explicitly stated but inferred by persons actions/circumstances eg rolling up sleeve when about to take BP
- Expressed - explicitly given via written/verbal consent
Mental capacity is time and decision specific, what does this mean?
- Time - capacity can vary over time, must be assessed in the moment decision needs to be made, revisit assessment if timing of decision changes
- Decision - applies only to the decision at hand
Why might people lack capacity?
- Medical conditions - dementia, delirium, neurological (eg stroke/brain injury)
- MH disorders - psychosis, severe depression, anxiety
- Developmental disorders/learning disability
- Temporary - substance misuse, acute illness, stress, medications
5 principles of MCA 2005
- Presume capacity
- Support them as much as possible to make decision
- They can make unwise decisions
- Best interests
- Least restrictive option
Two stage capacity test
Stage 2 - are they able to understand, retain, weigh up and communicate back
What is LPA?
- Allows patient to appoint someone to make decisions on their behalf if they do not have capacity
- Must have capacity when setting this up
What is a deputy appointed by court of protection?
- If a patient becomes unable to make decisions and they did not have a lasting power of attorney appointed before losing capacity
What is a public guardian?
- UK official
- Oversees work of attorneys and deputies
- Ensure acting in best interests and acting properly
- Investigate concerns/complaints
Advanced decisions to refuse treatment meaning
- Legal document - need capacity at the time
- Refuse certain treatments in future
- Must be specific treatments or specific conditions in which you would refuse treatment (eg if diagnosed with terminal illness)
What is an independent mental capacity advocate?
- Supports individual who lacks capacity to make decisions about their treatment
- Represent and safeguard someone with best interests
- If they lack a family member/friend who could advocate for them otherwise
What is an independent mental health advocate?
- Supprts those detained under MH act 1983
- Helps people understand rights, ensures they are involved in decisions and treatment planning/tribunial hearings
- Advocate for best interests
Settings DOLS can be used in
- Care home/residential home/supported living
- Hospital
- Mental health facilities
What is replacing DOLs?
Liberty protection safeguards
What does the MH 1983 (amended in 2007) allow?
- People with a mental disorder to be sectioned - admitted to hospital, detained and treated without their consent either for their own safety or to protect others
Define mental disorder
- Refers to a range of conditions, including illnesses that affect cognition, mood, perception, and behavior.
- Examples - dementia, psychosis, learning disability, mental illness, neurological conditions eg brain injury, stroke
Section 2 of MCA
- Detention of person in hopsital for mental health assessment
- Lasts for up to 28 days
- Enforced by doctor (cons psych) or approved mental health professional
Section 3 MHA
- Provides detention for treatment if person is suffering from mental disorder and needs treatment and are at risk to self or others
- Up to 6 months, possible to extend
- Doctor (consultant psych) and AMHP
Must have pre-diagnosis of MH disorder and need treatment
Community treatment order
- Patient detained under section 3 to be treated in community rather than hospital while under care of MH services
- Up to 6 months, possible extension
- AMHP and doctor
Section 5 (2)
- Allow doctor to detain someone for up to 72 hrs if they are already in hospital and Dr believes person is suffering from mental disorder in need of immediate care/treatment
- Any doctor (not necessarily psychiatrist)
Section 5(4) MHA
- Allow nurse to detain someone for up to 6 hours in hospital if already being treated voluntarily and nurse believes need urgent care/treatment
Section 136 MHA
- Allows police to remove a person from public place if they appear to be suffering from mental disorder and in need of immediate care
- Up to 24hrs in place of safety (eg hospital)
section 135 (MHA)
- Allows police to enter persons home (with warrant) to remove them for assessment if they are believed to be suffering from mental disorder and in need of immediate care
- Up to 72hrs in place of safety
Section 117 MHA
- Provides aftercare for individuals detained under sections 3, 37 or 47
- Ensures get support and care after discharge
- No fixed duration
- Local health and social services responsible
DNACPR vs advanced decision to refuse treatment
- DNACPR - decision made by healthcare professionals in consultation with patient. Involves CPR and does not apply to other treatments, no legal documentation needed from patient, not legally binding in itself
- ADRT - legal document, patient makes decision about treatments in future, can include CPR, ventilation, blood transfusions, legally valid