Legal

Question 1

MCA LO

Rel btw pts capacity to make decisions, the provision of informed consent, autonomy of pt and duty of care of HCP.

Answer 1

-consent-
Informed- approp lev info.
Competent- capac to consent. Under 16 may be competent (parental right termins if child achieves suffic underst and intell to fully underst what is proposed).
Voluntary- not coerced.
Can be implied, withdrawn, verbal/non verbal/written.
-capacity- abil to make decis.
Incapacitated adult- can make adv decisions under MCA for refusal only, if not then decis are made in pts best int considering their past views. or legal power of attorney assigned while still had capacity (still subj to best int).
-MCA princips-
Presume capacity, support decis making, right to make unwise decis.
-2 stage capac test-
Is there impairm of, or distrub in mind func.
Has it made them unable to make partic decis.
-4 part test-
underst all info essen to making the decis
retain for long enough to make decis
weight up info
communicate a decis.
-DOLS deprivat of liberty safeguards-
For pts in hosp or care homes who lack capac.
MDT assesm. Social worker lead.

Question 2

LO

Princips of MHA 1983

Answer 2

Minim undesirable effects of mental illness.
Least restrictive.
Particip of pt and NoK.
Equity, effectiveness, efficiency.

Question 3

LO

Desc use of comm used sections of MHA eg 2,3,5(4),5(2) and 136.

Answer 3

• 5(4)- power to registered mental nurse to detain an inpt (not incl AE) for up to 6hr for medical ass where mental. Illness is suspected. Pink form submit to hosp managers.
• 5(2)- responsib clinician or nominated deputy can detain inpt up to 72hr. No appeal. Legal form for hosp managers. To allow formal MHA ass.
• 2- 2 drs and 1 AMHP. Community or inpt but not prison. Max 28d for ASS AND TX of mental disorder. Appeal within first 14d, heard within 7d by tribunal.
• 3- 2 drs and 2 AMHP. Community or inpt but not prison. Max 6mnth for TX of mental disorder. 1 appeal to both hosp managers panel and tribunal.
• 136- police power to remove to place of safety from public place for ass by an AMHP and 1 dr. Held up to 72hr for ass. Police stay with them. 2nd dr if needed for MHA section 2 or 3 ass.
• 17- leave when under S2 or 3 in hosp.
• 117- local authority aftercare if have been on section 3.
• comm tx order (CTO)- considered for S3 pts. Pt well enough to leave but may default from tx o follow up. Tx is req for pts and others health and safety. Pt can be recalled to hosp if dont comply. Can still appeal to tribunal.

Question 4

LO

Rights of pts detained under MHA and appeal process

Answer 4

-criteria for implem MHA-
A mental disorder (any disorder or disabil of mind) of certain nature or degree, sig health and safety risk incl others, no alt to hosp admiss to safeguard that risk.

Question 5

LO

Dr responsib regarding physical, sexuala and emot abuse

Answer 5

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