Signs of dying Flashcards
capacity
self determination best treatment possible privacy safe treatment fair treatment
common law
doctrine of necessity
emergency situation where insufficient time to assess capacity
emergency life saving treatment
immediate risk death / serious harm
statutory law (act of parliament) Mental Capacity Act 2005
MCA 2005- physical illness causing temporary disturbance of mental function (delirium). specific decisions regarding physical illness. risk to self.
MCA act
presume capacity support individuals unwise decision best interest least restrictive options
(URUC) understand information retain information use information communicate decision
statutory law
MHA 1983, 2007
primary mental disorders e.g. schizophrenia or other psychoses
specific treatment of mental disorder
risk to self/others
*you can have mental capacity but if your decision is based on delusional beliefs e.g. because of a mental health illness.
can use this act to detain/section if they are considered a risk to themselves.
sections 5(2)
section 5(2) up to 72 hrs hold power for assessment but does not empower treatment
section 2
up to 28 days
allows assessment of mental illness.
overlap of MCA and MHA
some with mental illness but may have capacity.
grey zone where they overlap
Bournewood Gap
don’t have mental illness but have impaired capacity due to other long term problems- dementia, learning disability, neurodegenerative disorders.
held and treated for long times under the MCA- did not have safeguarding for. this. MCA is for temporary disturbance of mind.
DOLS
this was to correct the Bournewood Gap
an important amendment to MCA which defines due legal process that allows DoL of a patient with best interest justification.
right to liberty- article 5 and 6.
article 1 of human rights
everyone has the rights to rights
article 2- the right to life
advanced refusal
has to have capacity at the time
properly documented
legal criteria met if relate to life prolonging treatment
*if not properly documented but there is evidence, is it applicable to the current circumstances?
