Session 01 - Principles of Psychiatry Flashcards
Define mental capacity.
The ability to make your own decisions.
Important as it gives patients autonomy and the right to make choices about their own healthcare, but becomes complicated when people lack capacity.
5 key principles of mental capacity.
1) A person is assumed to have capacity until it is established that the person lacks it.
2) A person should not be treated as unable to decide, unless all practicable steps to help them have failed.
3) A person should not be treated as unable to decide just because it is unwise.
4) Decisions made on behalf of an incapable person must be in their best interests.
5) Regard should be taken to find the solution which is least restrictive of the person’s rights and freedom of action.
S2(1) of the mental capacity act defines a patient lacks capacity if he:
1) has an impairment of the functioning of the mind and brain;
2) and is unable to:
a) understand the information relevant to the decision
b) retain that information
c) use or weigh that information in making the decision
d) communicate the decision made
Under the MCA, there are three justifications for the provision of treatment for an adult who lacks capacity:
1) If a valid advanced decision to refuse treatment exists.
2) If a valid Lasting Power of Attorney for Health and Welfare exists.
3) If neither exists, the person providing the treatment should act in the patient’s best interests.
What is an Advanced Decision to Refuse Treatment (ADRT)?
A decision made by an adult at a time when they have capacity to refuse medical treatment in the future, in the event that they have lost capacity.
An ADRT is not valid if:
- patient withdraws decision at a time when they had capacity
- granted an LPA to someone else
An ADRT is not applicable to the treatment in question if:
- the treatment is not the treatment specified in the AD
- any circumstances specified in the AD are absent
Advanced decisions to refuse life-saving or life-sustaining treatment carry which conditions?
- must be in writing
- must be signed, witness, countersigned
- includes a statement that patient intends the ADRT to be respected even if their life is at risk
If unsure about ADRT, what advise should doctors seek?
Apply to the Court of Protection for clarification.
What is Lasting Powers of Attorney?
A legal document which allows an adult with capacity to nominate an attorney, granting them the legal power to make decisions on their behalf.
What are the types of LPA?
- health and welfare (includes giving or refusing consent to medical treatment)
- finances
If a person without capacity did not grant an LPA, what action can be taken?
The Court of Protection can appoint a ‘personal welfare deputy’ to make the decisions if:
- there is doubt whether decisions will be made in someone’s best interest
- someone needs to be appointed to make decisions about a specific issue
What is a best interest decision?
In the absence of ADRT or LPA, the person providing treatment is responsible and must act in the best interests of the patient.
Is it possible to treat mental disorders if a patient has capacity to make decisions about treatment, and refuses the treatment?
Yes - people who are detained under S2/3 of the Mental Health Act can be given treatment without their consent, as it is necessary for the protection of themselves and others.
Who does the Mental Health Act apply to?
Applies to anyone with a disorder of the mind.
Excludes anyone with dependence on drugs and alcohol, and those with learning disability.
Applies to people of any age (although children are usually treated with the consent of their parent).
S135 of Mental Health Act
a) purpose
b) recommendation
c) duration
a) allows police to enter a house and remove the patient to a place of safety.
b) police officer.
c) 72 hours.
S136 of Mental Health Act
a) purpose
b) recommendation
c) duration
a) allows police to take someone to a place of safety for assessment.
b) police officer.
c) 72 hours.
S5(4) of Mental Health Act
a) purpose
b) recommendation
c) duration
a) allows a nurse to detain an inpatient for assessment when doctor comes.
b) mental health nurse
c) 6 hours
S5(2) of Mental Health Act
a) purpose
b) recommendation
c) duration
a) allows a doctor to detain inpatients for assessment (cannot be used in ED).
b) 1 doctor
c) 72 hours
S4 of Mental Health Act
a) purpose
b) recommendation
c) duration
a) allows a patient to be admitted to a mental health unit and cared for, while arrangement for detention under S2 or S3 are made.
b) 1 doctor who is S12 approved.
c) 72 hours
S2 of Mental Health Act
a) purpose
b) recommendation
c) duration
a) assessment and treatment (non-renewable)
b) 2 doctors
c) 28 days
S3 of Mental Health Act
a) purpose
b) recommendation
c) duration
a) treatment (given for three months without consent, then requires form); renewable after 6 months.
b) 2 doctors
c) 6 months
S63 of Mental Health Act.
“The consent of a patient shall not be required for any medical treatment given to him for the mental disorder from which he is suffering.”
What are the supportive psychotherapies?
Counselling and supportive psychotherapy.