Mental Health Act & Capacity Flashcards

1
Q

State the ten Millan principles

A
  • non discrimination
  • equality
  • respect of diversity
  • reciprocity
  • informal care
  • participation
  • respect for carers
  • least restrictive
  • benefit
  • child welfare
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2
Q

What is the criteria for the use of the mental health act?

A
  1. (likely) mental disorder
  2. significantly impaired decision making ability
  3. determine/give treatment
  4. significant risk
  5. informal/voluntary care not appropriate
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3
Q

What is classed as a mental disorder?

A

Mental illness, learning disability or personality disorder

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4
Q

Describe SIDMA

A

Mental disorder alone, affects ability to believe understand and retain information to make and communicate decisions

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5
Q

What form of treatment can be given under the mental health act?

A

Nursing, psychological interventions, rehabilitation, medication, ECT, referring, specialist intervention (OT/SALT/dietician)

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6
Q

What sort of thing counts as significant risk?

A

Suicide, self harm, wandering, vulnerability, physical state, deterioration in mental health, poor self care, retaliation from others due to aggressive behaviour

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7
Q

Name the three types of detention under the mental health act

A
  • emergency
  • short term
  • compulsory treatment order
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8
Q

Describe emergency detention order

A

72 hours, does not authorise treatment can be given by a fully registered doctor (FY2). Where possible consult a mental health officer. No right to appeal.

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9
Q

What treatment can be given under emergency detention?

A

Only treatment that will save the patients life, prevent serious deterioration, alleviate extreme suffering - must complete T4 form

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10
Q

Describe short term detention

A

Up to 28 days for assessment and treatment
Approved by medical practitioner and MHO
Right to appeal
Can be extended if CTO required (3 days to apply or 5 days once submitted)

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11
Q

What treatment is not allowed under a short term detention?

A

ECT, artificial nutrition, nerve stimulation, transcranial magnetic stimulation, drugs to alter libido, neurosurgery

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12
Q

Describe a compulsory treatment order

A

Initially up to 6 months
Approved by medical practitioner plus MHO
2 independent doctor reports - AMP or GP
Care plan
MHO report
Tribunal in court, treatment authorised for up to 2 months and order reviewed at 6 months

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13
Q

What is an advance statement?

A

Signed when the patient is well it is witnessed and dated. How they would prefer to be treated in the future - can be overruled.

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14
Q

How long does nurses holding power last?

A

Up to 3 hours

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15
Q

How long do policing powers last?

A

24 hours

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16
Q

What is consent?

A

Permission for something to happen, given freely without coercion - legally capable and must be informed and cover the period of intervention

17
Q

What is meant by informed consent?

A

Patient must understand the intervention, what the benefits and side effects are

18
Q

What can help to gain informed consent?

A

Translator, SALT, friends/relative, written/visual aids, timing

19
Q

Define capacity

A

Ability to make a decision

20
Q

What three factors make up capacity?

A
  1. understand and retain information
  2. use and weigh information to make a decision
  3. communicate that decision
21
Q

Describe the Adults with Incapacity Act 2000

A
  1. Intervention must benefit adult
  2. Such benefit cannot reasonably be achieved without
  3. Take account of past and present wishes
  4. Consult with relevant people
  5. Encourage the adult to use residual capacity
22
Q

What does section 47 of the adults with incapacity act allow?

A

Practitioner to provide interventions related to the treatment authorised
- does not authorise force unless immediately necessary nor transport to place of treatment

23
Q

What is a power of attorney?

A

Granted whilst the person still has capacity - person can act as their financial and/or welfare attorney. In case capacity is lost in the future

24
Q

What is guardianship?

A

Applied for by one or more individuals or local authority.
Granted by sheriff, different types - welfare or financial. Cannot place a person in hospital against their will if the adult does not comply - the sheriff will issue a compliance order

25
Q

At what age is a child presumed to have capacity?

A

16 years

26
Q

When is it best to use the MHA in children?

A

Use of force, IM medication, invasive treatment, detrimental impact on relationship with carer