Psychiatric law Flashcards
What does a patient need to be able to do to have capacity?
- retain information
- use information to make a decision
- communicate decision
What does the adults with incapacity act state?
- intervention must benefit
- intervention must be needed to get benefit
- take account of past and present wishes
- consult with other relevant people
- encourage adult to use residual capacity
What is included in section 47?
authorises doctor to provide reasonable interventions related to the treatment authorised but does not authorise force
When is power of attorney granted?
while someone has capacity to give someone power over their finances or welfare just in case cognition deteriorates
What does guardianship need to be approved?
reports from 2 doctors and is approved by the sheriff
What does the mental health act allow for?
treatment of a mental disorder or physical consequences of a mental disorder in someone without capacity to consent to treatment
Is consent based on age?
not based on age but is based on the ability to understand and weigh up options
What are the 5 criteria for detention?
- (likely) Mental disorder
- Significantly impaired decision making ability
- Determining treatment required
- Significant risk to patient or others
- Informal/voluntary care not appropriate
What are the features of the emergency detention order?
- 72h
- doesn’t authorise treatment
- FY2 and above but if possible consult a mental health officer
What are the features of a short term detention order?
- up to 28d for assessment or treatment
- done by reg or above and a mental health officer
- right to appeal
What are the features of a compulsory treatment order?
- up to 6m
- done by reg or above and a mental health officer
- need a diagnosis of mental health disorder
- needs 2 reports and a care plan
- mandatory tribunal
- treatment is authorised
What treatment is authorised in an emergency detention?
- urgent to save patient’s life
- prevent serious deterioration
- alleviate serious suffering
- prevent patient being a danger to self or others
- T4 certificate needed
What treatment is authorised in a short term detention?
2m medication of certain things (no ECT)
What is an advance statement?
written statement done when patient is well saying what they want if they become ill again but this can be overruled
What is a named person?
someone that can be chosen to protect their interests
