Psychiatric Laws + Capacity Flashcards
what is capacity
patients ability to make a devision
how is capacity assessed
patient must understand what the treatment is, its purpose, its nature and why it is being performed
must understand the benefits + risks
must understand the consequences of not having the treatment
retain information long enough to use it and arrive at a decision + communicate it
what is the adults with incapacity act 2000
framework for managing + safeguarding adults who lack capacity
what is filled out to authorise treatment in adults with incapacity
adults with incapacity act 2000- certificate of incapacity under section 47
what is a welfare guardian
if an adult lacks capacity to make decisions about their welfare, the court can appoint a welfare guardian to male decisions about their personal/medical care
what is power of attorney
authority given by an individual WITH CAPACITY to another person to deal with their affairs
what does section 47 prohibit
use of force or detention
- unless it is immediately necessary + only for as long is as necessary
what does article 5 of European convention on human rights protect patients against
arbitrary detention
arrest where there is no evidence they committed a crime
rules for children and capacity
under 12 = no capacity
over 16 = presumed to have capacity
12-16 may have capacity to decide depending on their level of understanding
can parents over rule a competent child?
NO!!
what is common law
giving treatment without consent in order to save a life/prevent deterioration in health
how long does an emergency detention last
72 hours
features of an emergency detention
can be given by any registered medical practitioner
matter of urgency to detain the patient for the purpose of assessing their mental sate- there would be a risk to themselves or to others if they were not in hospital
DOES NOT PERMIT TREATMENT
how long does a short term detention last
28 days
who can issue a short term detention
ONLY a psychiatrist or mental health officer
features of a short term detention
TREATMENT CAN BE GIVEN WITHOUT CONSENT
patient must have a mental disorder + impaired decision making about treatment due to this
necessary to detain patient for assessment + treatment + safety of themselves and others
patients have the RIGHT TO APPEAL
What can be issued after a short term detention if a patient still refuses treatment
compulsory treatment order
features of a compulsory treatment order
authorises treatment of a patient
can be in hospital or community
patient has right to appeal
how long does a compulsory treatment order last
6 months
what is an advanced statement
a document written up in concordance with the mental health act when the patient is WELL that states how the patient would like to be treated/not treated should they become unwell
what is a designated medical practitioner
offers a second opinion of treatment under the mental health act
what is an adults with incapacity intervention order
allows a person to make ‘one off’ decisions for an adult with incapacity
e.g. sell their house, sign a legal document
