sections Flashcards
What are the 5 key principles of the Mental Capacity act?
- A person is assumed to have capacity unless proven otherwise
- Steps must be taken to help a person have capacity
- An unwise decision does not mean a person lacks capacity
- Any decisions made under the MCA must be in the person’s best interests
- Any decisions made should be the least restrictive to a person’s rights and freedoms
what is the two step process of assessing capacity?
Understand relevant information
Retain the relevant information
Weigh up the relevant information
Communicate a decision
what is DOLs
Deprivation of Liberty Safeguards
the procedure in law used where it is necessary to deprive a patient or resident of their liberty as they lack capacity to consent to treatment or care to keep them safe from harm.
what are the conditions needed for DOLs?
18+, mental disorder, in hospital or care home, lacks capacity, in their best interest
In order to be treated under the Mental Health Act- what is the criteria patients must meet?
- They must have a mental disorder
- There must be a risk to their health/safety or the safety of others
- There must be a treatment (however this can include nursing care, not just drugs)
which doctors can assess the MHA?
two doctors:
- at least one of which must be section 12(2) approved
- one Approved Mental Health Professional (AMHP).
section 2
- Allows for admission for mental health assessment and treatment for up to 28 days, non-renewable.
- This section necessitates the recommendation of two doctors, one of whom must be ‘approved’ under Section 12(2) of the MHA.
section 3
- Permits admission for treatment lasting up to 6 months, with the provision for renewal.
- Mandates the involvement of an AMHP and two doctors, both of whom should have examined the patient within the last 24 hours.
Section 5(2)
Holding power which enables a doctor to legally detain a voluntary patient in the hospital for a period of 72 hours.
Section 5(4)
nurses and has a duration of 6 hours.
Section 135
for police to escort pt from a property to safety
Section 136
for police to escort pt from public to safety
