The Law Flashcards
What are the principles of the MCA?
- presumption of capacity unless proven otherwise
- is deicision the least restrictive intervention
- if decided on behalf of - is it in patients best interest
- do not assume lack of capacity until all steps taken to help person decide
- dont assume lack of capacity due to unwise decisions being made
What does the mental health act aim to do?
identify people who lack capacity to consent to or refuse treatment and to protect them
What does the 4 part capacity test entail?
- understand the information
- retain the information
- weigh it up
- communicate the decision
What is a lasting power of attorney?
person with capacity appoints an attorney to make future decisions incase capacity is lost –> property and affairs or personal welfare
What are advanced decisions?
legal document with specific refusal of treatment and preferences in predefined future situation (ie lost capacity)
*not for basic care needs or demanding Tx
What is the aim of deprivation of liberty safeguard (DoLS)?
make sure people in care homes, hospitals who lack capacity, are looked after in a way that their freedom isn’t restricted inappropriately
What is the purpose of the Mental health act? 1983 ended 2007
allows people with ‘mental disorder’ to be sectioned : admitted to hospital, detained and treated without consent for their own health and safety, or protection of others
What criteria are there for implementing the act?
- presence of a mental disorder defined by law
- disorder of certain nature or degree
- significant risk to persons health, safety or safety of others
*excludes those under influence of alcohol or drugs - no alternative to admission as to safeguard that risk
What does section 5(4) stand for?
power granted to registered mental health nurse to detain an INPATIENT for up to 6h for assessment where mental illness is suspected
What does section 5(2) stand for?
patient who is a voluntary INPATIENT can be legally detained by doctor for 72h *no appeal
What is section 2?
admission for assessment and response to treatment for up to 28 days *can appeal within first 14 days
What is section 3?
admission for treatment from community or inpatient for maximum of 6 months *1 appeal
Who can discharge a section?
- consultant
- tribunal
- hospital managers
- next of kin with 72h warning (rare)
What is section 136?
police power to remove persons to place of safety from public place for safety and assessment, 72h with police
What is section 17?
whilst under S2, S3 may leave to walk outside, go home or overnights
