THE LAW

Question 1

Define mental capacity.

Answer 1

ability to make your own decisions about helathcare, finance and other life things.

Question 2

What are the underlying principles of the mental capacity act?

Answer 2

• Patient wellbeing and safety
• minimising restrictions on liberty
• public safety
• respect for diversity generally
• avoidance of unlawful discrimination
• involve patients in all steps of care
• views of carers and other interested parties taken into account

Question 3

Define Gillick Competence.

Answer 3

a child under 16 but over 13 can be deemed competent for contraception if a doctor finds these things:

1. the child understands the advice
2. The child cannot be persuaded to talk to their parents or be agreed for the dr to contact them regarding their seeking contraception
3. The child is likely to continue having unprotected sex with or without the contraception
4. The childs physical or mental health is likely to suffer unless they receive the contraception

Question 4

What is an IMCA? What is their role?

Answer 4

Independemt mental capacity advocate - Role is to support and advocate for a person whom lacks capacity through a decision making process. This is done essentaily to ensure that the Mental Capacity Act 2015 is being followed properly.

Question 5

What DOLs safeguards must be followed?

Answer 5

• it’s in the patient’s best interest to have liberties deprived
• it’s become unavoidable to take away liberty - all efforts were attempted before this point.
• DOLs can only be used in care home or hospital. CANNOT be used to take you from home into hospital or care.

Question 6

When can someone deprive you of your liberties?

Answer 6

• over 16
• lack capacity
• successful application to the local authority
• DOL safeguards have been followed

Question 7

What is an S12 approved doctor?

Answer 7

-a doctor who has received training in the proper use and application of the Mental health Act

Question 8

What is section 2 of the MHA used for? Who needs to be present for it’s use? And What evidence is needed?

Answer 8

• ASSESSMENT (2 lots of 2 Ss)
• patient can be held agains their will for 28 days (CANNOT BE RENEWED) - for the purpose of psychiatric assessment and may also be given Tx w/o consent
• 2 doctors (one S12 approved) and an AMHP
• 2 things needed: 1. suffering from a mental disorder that warrants hospital detention for assessment. 2. patient ought to be detained for their safety or the protection of others.

Question 9

What is section 3 of the MHA used for? Who needs to be present for it’s use? And What evidence is needed?

Answer 9

TREATMENT (3 Ts)

• Duration 6 months (CAN be renewed)
• purpose Tx w/o conset
• 2 drs + AMHP
• 3 things needed: 1. suffering from mental disorder appropriate to recieve tx in hospital. 2. Tx is in the interest of their health and safety and for the proteciton of others. 3. appropriate Tx must be available.

Question 10

What is section 4 of the MHA used for? Who needs to be present for it’s use? And What evidence is needed?

Answer 10

EMERGENCY ORDER number 4 please

• 72 hours
• urgent necessity when waiting for a second doctor would lead to undesirable delay
• 1 dr + 1 AMHP
• 3 things needed:
  1. suffering from a mental disorder that warrants dettention in hospital for assessment.
  2. pt ought to be detained for their own health and safety and protection of others.
  3. there’s not enough time for a 2nd dr to attend RISK

Question 11

What is section 5 (2&4) of the MHA used for? Who needs to be present for it’s use? And What evidence is needed?

Answer 11

ALREADY IN HOSPITAL

5. 4 - 6 hours, nurses, power to hold patient in hospital until Dr can attend and perform a different section. CANNOT BE TREATED.
6. 2. Drs holding power 72 hours. Allows time for section 2 or 3 assessment. CANNOT be treated.

Question 12

What is section 135/136 of the MHA used for? Who needs to be present for it’s use? And What evidence is needed?

Answer 12

POLICE SECTIONS

136 - person suspected of having a mental disorder in a public place

135 - needs court order to access home and remove them

• take them to a place of safety (local psych unit or police cell)
• allows for further assessment

Question 13

Define a lasting power of attorney.

Answer 13

An LPA is a legal document that lets you (the donor) appoint people (known as attorney’s) to ake deicisons on your behalf. It could be used if yuo became unable to make your own decision.

• 2 types:
  1. health and welfare.
  2. property and financial affairs.

Question 14

Define autonomy.

Answer 14

The right for an individual to make his or her own decision.

Question 15

Define Justice.

Answer 15

A concept that emphasizes fairness and equality amoung individuals.

Question 16

Define Beneficence.

Answer 16

The principle of acting with the best interest of the other in mind.

Question 17

Define Non-maleficence.

Answer 17

The principle that above all, do no harm.

Question 18

What is the court of protection? Y DEY A THING?

Answer 18

The court of protection makes decisions and appoints deputies to act on the behalf of people who are unable to make their own decisions about personal health, finance or welfare.