scholarly journals Adults who refuse blood transfusion in emergency, urgent and elective circumstances

2014 ◽  
Vol 96 (8) ◽  
pp. 568-570 ◽  
Author(s):  
R Wheeler
Keyword(s):  
Blood Transfusion ◽  
Legal Framework ◽  
Mental Capacity ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

Surgeons dealing with an adult refusing a blood transfusion find themselves in an unenviable position, torn between wishing to preserve the patient’s life while also respecting his or her wishes. This article looks at the legal framework for such circumstances as set out in the Mental Capacity Act 2005.

scholarly journals Assessment of mental capacity: a flow chart guide

2007 ◽  
Vol 31 (8) ◽  
pp. 304-307 ◽  
Author(s):  
Michael Church ◽  
Sarah Watts
Keyword(s):  
Good Practice ◽  
Good Clinical Practice ◽  
Legal Framework ◽  
Mental Capacity ◽  
Flow Chart ◽  
Code Of Practice ◽  
Health And Social Care ◽  
Mental Capacity Act 2005 ◽  
Informal Carers ◽  
Mental Capacity Act

The Mental Capacity Act 2005 provides a new legal framework within which health and social care professionals (as well as informal carers) must act when providing care and treatment for the estimated 2 million people in England, Wales and Northern Ireland who lack the capacity to make certain decisions for themselves. Although the Mental Capacity Act 2005 Code of Practice provides comprehensive advice on good practice in assessing capacity, it does not identify a specific process to be used. Good clinical practice depends on the exercise of clinical judgement within a valid and contestable process. This article outlines a flow chart (Fig. 1) that can be used to guide the process of capacity assessments in more complex cases, in line with the Mental Capacity Act 2005 and the Code of Practice.

scholarly journals The Mental Capacity Act and mental healthcare in prison: opportunities and challenges

2012 ◽  
Vol 36 (7) ◽  
pp. 241-243 ◽  
Author(s):  
Sharon Davies ◽  
Claire Dimond
Keyword(s):  
Mental Health ◽  
Mental Illness ◽  
Mental Healthcare ◽  
Legal Framework ◽  
Mental Capacity ◽  
Best Interests ◽  
People With Mental Illness ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

SummaryThe UK Mental Health Act 1983 does not apply in prison. The legal framework for the care and treatment of people with mental illness in prison is provided by the Mental Capacity Act 2005. We raise dilemmas about its use. We highlight how assessing best interests and defining harm involves making challenging judgements. How best interests and harm are interpreted has a potentially significant impact on clinical practice within a prison context.

The law in England and Wales on mental health treatment in the community

2017 ◽  
Author(s):  
Jo Beswick ◽  
Michael Gunn
Keyword(s):  
Mental Health ◽  
Mental Health Treatment ◽  
Legal Framework ◽  
Mental Capacity ◽  
Community Treatment ◽  
England And Wales ◽  
Mentally Disordered ◽  
Mental Capacity Act 2005 ◽  
Mentally Disordered Offender ◽  
Mental Capacity Act

This chapter examines the legal framework for the treatment of the mentally disordered offender in the community in England and Wales. It examines both some of the ideological questions underlying the care of this group and the legal mechanisms within which treatment can be provided. The chapter begins by examining the principle, endorsed by the Mental Capacity Act 2005, that voluntary treatment will usually be the norm, regardless of setting. It then considers exceptions to these norm situations where legally mandated treatment in the community is permitted. In England and Wales, most of these exceptions are to be found in three pieces of legislation: the Mental Health Act 1983, as amended in 2007 to include community treatment orders; the Mental Capacity Act 2005, with its associated Deprivation of Liberty Safeguards (DOLS); and the Criminal Justice Act 2003.

scholarly journals Capacity and Consent in England and Wales: The Mental Capacity Act under Scrutiny

2010 ◽  
Vol 19 (3) ◽  
pp. 344-352 ◽  
Author(s):  
PETER HERISSONE-KELLY
Keyword(s):  
Mental Health ◽  
Learning Disabilities ◽  
Mental Health Problems ◽  
Legal Framework ◽  
Mental Capacity ◽  
Decision Makers ◽  
England And Wales ◽  
Mental Capacity Act 2005 ◽  
Advance Decisions ◽  
Mental Capacity Act

The Mental Capacity Act 2005 came into force in England and Wales in 2007. Its primary purpose is to provide “a statutory framework to empower and protect people who may lack capacity to make some decisions for themselves.” Examples of such people are those with dementia, learning disabilities, mental health problems, and so on. The Act also gives those who currently have capacity a legal framework within which they can make arrangements for a time when they may come to lack it. Toward this end, it allows for them to make advance decisions (in effect, refusals of consent to certain forms of treatment) or to appoint proxy decision makers with lasting powers of attorney.

Assessing mental capacity

2021 ◽  
pp. 175573802110316
Author(s):  
Alice Neilson
Keyword(s):  
Cognitive Impairment ◽  
Healthcare Professionals ◽  
Legal Framework ◽  
Mental Capacity ◽  
Time Dependent ◽  
Best Interests ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
Over Time

Mental capacity is the ability to retain, process, and weigh up information to provide a completely objective decision independent of any cognitive impairment present. Awareness of an individual’s mental capacity is important for all healthcare professionals. Mental capacity and capacity assessments are guided by the legal framework; the Mental Capacity Act 2005. Mental capacity assessments enable practitioners to determine if a patient is able to make reasoned decisions independently, or whether the patient requires assistance in their best interests and are decision and time dependent. Therefore, capacity can fluctuate over time and if someone is deemed to have no capacity on one occasion this does not mean that they should be assumed to consistently lack capacity. The act delivers five key principles to follow in order to determine whether an individual has or lacks mental capacity.

scholarly journals Can the use of the Mental Health Act be the 'least restrictive' approach for psychiatric in-patients?

2016 ◽  
Vol 2016 (22) ◽  
pp. 51
Author(s):  
Beth Ranjit
Keyword(s):  
Mental Health ◽  
Legal Framework ◽  
Mental Capacity ◽  
England And Wales ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

<p>In England and Wales, involuntary admissions for assessment or treatment in mental health wards are based on the legal framework of the Mental Health Act 1983 (as amended in 2007) or the Mental Capacity Act 2005, with the Deprivation of Liberty Safeguards introduced in 2007. But what is the "least restrictive" approach and are we truly safeguarding in-patients’ liberty by curbing use of the Mental Health Act in particular groups?</p>

Legal Regulation of Treatment for Depression

2017 ◽  
Author(s):  
Hugh Series
Keyword(s):  
Legal Regulation ◽  
Mental Capacity ◽  
Medicinal Products ◽  
Over The Counter ◽  
Controlled Drugs ◽  
Treatment Of Depression ◽  
Mental Capacity Act 2005 ◽  
Incapacitated Patients ◽  
Mental Capacity Act ◽  
Over The Counter Medicines

This chapter reviews the legal regulation of treatment of depression as it exists in England and Wales, where medicinal products are regulated largely by the Medicines Act 1988 and the Misuse of Drugs Act 1971. The Medicines Act divides medicinal products into pharmacy only medicines, which can only be purchased under the supervision of a pharmacist, over-the-counter medicines, and prescription only medicines. The Misuse of Drugs Act is concerned with controlled drugs. These are divided into three classes according to their perceived degree of harmfulness. This chapter considers treatment with valid consent and two pieces of legislation that govern people who are sufficiently ill and need to be admitted to hospital: the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA). It also discusses treatment of mentally incapacitated patients and the issue of liberty regarding the admission of a compliant but incapacitated patient to hospital. Finally, it looks at three types of non-medical prescribing in England, issued by independent prescribers, supplementary prescribers, and community practitioners.

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