Treatment in the emergency department

Question 1

If a patient lacks capacity, what 2 forms of proxy consent can be used under the Mental Capacity Act?

Answer 1

Lasting power of attorney (appointed by patient in advance)

Court-appointed deputy (appointed when patient lacks capacity)

Question 2

Under what common law doctrine can patients who lack capacity be treated in an emergency situation?

Answer 2

Doctrine of necessity

Question 3

Under which piece of legislation can a patient be detained whether or not they have capacity?

Answer 3

Mental Health Act

Question 4

Which 3 things need to be taken into consideration with a patient lacking capacity when determining how to act in a patients’ best interests in?

Answer 4

The person’s past and present wishes and feelings (and, in particular, any relevant written statement made by him when he had capacity)

The beliefs and values that would be likely to influence his decision if he had capacity

The other factors that he would be likely to consider if he were able to do so

Question 5

The MCA states that which 2 factors should not be taken into consideration when attempting to determine a patient’s best interests?

Answer 5

Age
Appearance

Question 6

Which 4 ways could a father have parental responsibility of a child?

Answer 6

Married to or in a civil partnership with mother at time of child’s birth

Registered on birth certificate

Parental Responsibility Agreement with mother

Various kinds of court order