Consent And Capacity Flashcards
(33 cards)
Lasting power of attorney can have two parts
Property and financial affairs
Health and Welfare
LPA needs to be registered before use
Yes (EPA registration only required if donor loses capacity)
What has been in place in the UK since 2007 for legal planning in older adults
LPA (lasting power of attorney)
Property LPA can be used with or without capacity
Yes if specified
Health LPA can only be used when capacity is lost. True or False
True
Are EPA valid?
Yes- no new ones can be made
BUT they cannot be used for health/welfare
When is an independent mental capacity advisor involved?
Person has no close family or friends
The decision is about serious medical treatment or change of accomodation
What is the specific guidelines relating to children’s capacity re having sex and contraception
Fraser guidelines
What is gillick competence
That a child can consent to their own treatment (<16)
What is the main purpose of the Mental Health Act (1983) updated in 2007?
To provide a legal framework for keeping patients in hospital against their wish for assessment and treatment of a mental health disorder
This process is referred to as being detained or sectioned under the Mental Health Act.
What is a voluntary or informal admission?
When a patient with capacity agrees to be admitted to hospital voluntarily without detention under the Mental Health Act
Section 131 of the MHA explains that patients can be admitted without involving the MHA.
Who is an Approved Mental Health Professional (AMHP)?
A specially qualified professional (e.g., social worker or mental health nurse) that helps organise and contribute to Mental Health Act assessments.
What is the role of a Section 12 doctor?
A qualified and approved doctor (usually a psychiatrist) who can undertake Mental Health Act assessments.
Who is the Responsible Clinician?
The person with overall responsibility for the patient’s care, generally the consultant.
What is the function of the Nearest Relative under the Mental Health Act?
Someone close to the patient responsible for looking out for the patient’s interests, according to an ordered list in the Mental Health Act.
What is the purpose of an Independent Mental Health Advocate (IMHA)?
To support the person being detained under the Mental Health Act, help them understand the situation, and express themselves.
What does a Mental Health Act assessment involve?
A detailed evaluation to determine whether to detain someone under the Mental Health Act.
Who primarily makes the application for a Mental Health Act assessment?
The Approved Mental Health Professional (AMHP)
The Nearest Relative can also make the application.
How many registered medical practitioners are required to recommend a decision during a Mental Health Act assessment?
Two registered medical practitioners.
What types of doctors are involved in the recommendation process during a Mental Health Act assessment?
- A Section 12 doctor
- Another doctor (e.g., their GP)
What are the potential outcomes of a Mental Health Act assessment?
Compulsory admission under Section 2 or Section 3.
What is the maximum period for compulsory admission for assessment under Section 2?
28 days
Section 2 cannot be renewed and ends in either discharge or further detention under Section 3.
What is the maximum period for compulsory admission for treatment under Section 3?
6 months
After 6 months, the Responsible Clinician can arrange to renew it for further treatment.
What is required for detention under Section 3?
Mental Health Act assessment
Patients may be detained under Section 3 straight from the community or following assessment under Section 2.
