Psychiatric Law Flashcards
What are the criteria for detention?
(Likely) mental disorder
Significantly impaired decision making ability
Determining treatment required
Significant risk
Informal voluntary care not appropriate - it is the least restrictive option
What is meant by ‘Significantly impaired decision making ability’?
As a result of a mental disorder the patient’s ability to make decisions about medical treatment is significantly impaired
Not the same as incapacity
Affects ability to believe, understand and retain information, to make and communicate decisions
What is meant by ‘significant risk’?
Risk to the health, safety or welfare of patient or others
When is informal/voluntary care not appropriate?
Patient refuses to remain in hospital
Incapable of making a decision about remaining in hospital
Unable to be treated in the community due to level of risk
Community treatment failed
What are the types of detention - and how long do they last?
Emergency detention - 72 hours
Short term detention - 28 days
Compulsory treatment order - 6 months
What is the criteria for an emergency detention over a short term detention?
Carrying out a short term detention would cause undesirable delay
What does emergency detention not allow?
Treatment (except in certain circumstances)
What are the circumstances in which treatment is allowed under an emergency detention?
To the save patient’s life
To prevent serious deterioration in the patient’s condition
To alleviate serious suffering
To prevent the patient from becoming a danger to others or themselves
Who can complete an emergency detention?
F2 or above - mental health officer should be informed if possible
Who can complete a short term detention?
Approved medical practitioner - trained psychiatrist
Needs consent of MHO
What treatment does a short term detention not allow?
ECT Nutrition by artificial needs Vagus nerve stimulation Transcranial magnetic stimulation Any medicine given for the purpose of reducing sex drive Neurosurgery
Who can complete a compulsory treatment order?
Applied for by mental health officer with supporting letters from 2 doctors, one of which is a psychiatrist involved in the patient’s care
Case is heard in front of a mental health tribunal where the patient is entitled to legal representation
When can a detention be appealed?
Short term
Compulsory treatment order
(not emergency)
What is an advance statement?
Legal statement in which a patient can outline what treatment they do not want to have if they were to become ill in the future and lose capacity to make such decisions
What is capacity?
The ability to use and understand information to make a decision and communicate this decision
Who can complete a capacity assessment?
F2 and above
What must a person with capacity be able to do?
Understand the treatment with respect to nature, purpose and requirement
Understand the benefits, risks and alternatives
Understand the consequences of declining treatment
Retain information long enough to use it, weight it in balance and come to a decision
What is power of attorney?
An individual appointed by a patient with capacity to have authority to make decision for them when the patient has lost capacity
What is a guardianship order?
When the court appoints an individual to make to act and make decisions on behalf of someone with incapacity
What is an intervention order?
An order that authorizes a person to act and make a one off decision for an adult with incapacity
Who makes a decision for a child who lacks capacity?
Parent
Doctors can seek to overrule the decision made by the parent
