Law Flashcards
(25 cards)
What is the mental health act?
the law applying to the care of people who have a mental illness, learning disability, or related condition
includes emergency detention, short-term detention and compulsory treatment order.
What is an emergency detention?
allows someone to be held in hospital for 72hrs to assess their condition
Who can carry out an emergency detention?
any doctor
What is able to be done under an emergency detention?
assess
urgent treatment only
What is a short-term detention?
the usual way to treat someone as there is more safeguarding in place, allows someone to be held in hospital for 28 days
Who can carry out a short-term detention?
a psychiatrist and a mental health officer both have to agree
What can be done under an emergency detention?
assess and treatment against their will if doctor believes it is necessary
Can someone appeal an
a) emergency detention?
b) short-term detention?
c) compulsory treatment order?
a) no
b) yes
c) during tribunal then 3 months later can be reviewed
What is done if someone needs treated beyond the 28 days of a short-term detention?
can apply for a compulsory treatment order
What is a compulsory treatment order?
a tribunal decides if a person needs long term treatment
How long does a compulsory treatment order last for?
initially 6 months then extended for 6 months then extended for 12 months
When can treatment be given under a CTO?
If tribunal agree to it or if its an emergency
What is a mental health officer?
a social worker who has special training and experience in working with people who have a mental illness, learning disability, dementia or related condition.
What is the adults with incapacity act?
safeguarding for the welfare and finances of those who lack capacity due to mental illness, learning disability, dementia or inability to communicate
includes welfare guardianship, power of attorney,
What is welfare guardianship?
someone appointed by a court to make decisions regarding key decisions about someone’s welfare like where they live, medical treatment..
Who might become a welfare guardian?
family member, friend, social worker
Who supervises welfare guardianship?
local authority
mental welfare commission
What is a power of attorney?
a position given by a person with capacity to deal with their affairs when they lose the capacity to do so themselves
documents must be certified by a solicitor/doctor
How can medical treatment be given if someone does not have the capacity to consent to it?
given in emergency
otherwise a doctor carries out a section 47 certificate
Can you use force to detain someone using a section 47 certificate?
no
only in an emergency, not continual
How can covert medication be given?
under adults with incapacity act if assessed to not have capacity, use a specific treatment on a section 47 certificate
How long can a section 47 certificate last?
upto a year
Can covert medication be given to someone with capacity?
no
What are the 5 aspects of the mental health act that need to be fulfilled?
1.The patient is likely to have a mental illness, personality disorder or learning disability however so caused.
2.There is treatment available that will alleviate or prevent the worsening of the condition.
3.There is a significant risk to the health, safety, and/or welfare of the patient; or to the safety of any other person.
4.There is significant impairment of decision making ability (SIDMA) about the treatment being offered as a result of
the mental disorder.
5.The granting of an order is necessary (e.g. why can’t this be done on a voluntary basis?
