Mental Health Act and Mental Capacity Act Flashcards
Criteria for detention under the MHA
Mental Health Assessment rules
Mental Health Act in learning diabilty
Rights to Treat Under the MHA
1.ECT, psychotropic medication
2.Treatment of organic illness
3.Self-neglect, overdose, self-injury, feeding in eating disorders
Important sections to know
Section 2 length, who detains, right to treat, right to appeal,renew, end
Section 3 length, who detains, right to treat, right to appeal,renew, end
Section 5.2 and 5.4 length, who detains, right to treat, right to appeal,renew, end
5.2 cannot be done for someone who has not been admitted so cannot be done in A and E
Section 136 length, who detains, right to treat, right to appeal,renew, end
Section 135
Magistrate warrant to move a person from a private dwelling to a place of safety
The five principals of the Mental Capacity Act
decision specific, time specific
two stage capacity assessment
What is an advance decision?
Advance decisions can be drawn up by anybody with capacity to specify treatments they would not want if they lost capacity. They may be made verbally unless they specify refusing life-sustaining treatment (e.g. Ventilation) in which case they need to be written, signed and witnessed to be valid. Advance decisions cannot demand treatment
What is a lasting powers of attorney
The Act allows a person to appoint an attorney to act on their behalf if they should lose capacity in the future, replacing the current Enduring Power of Attorney (EPA). In addition to property and financial affairs the Act also allows people to empower an attorney make health and welfare decisions. The attorney only has the authority to make decisions about life-sustaining treatment if the LPA specifies that. Before it can be used an LPA must be registered with the Office of the Public Guardian
what is an advance directive?
Advance statement definition
what does a dols entail?
