Legal Frameworks, Consent, and Capacity Flashcards

Under the Mental Capacity Act 2005, which is NOT one of the five statutory principles?

Answer: Capacity assessments must be conducted by a psychiatrist

The MCA does not require psychiatrist assessments. Any healthcare professional involved in the person's care can assess capacity.

A patient with a valid ADRT refusing blood transfusion is admitted unconscious and haemorrhaging. What should the team do?

Answer: Respect the ADRT and provide alternative treatment

A valid and applicable ADRT is legally binding under the MCA 2005, even if refusal may result in death.

What legal framework governs compulsory detention of patients with mental disorders in England and Wales?

Answer: Mental Health Act 1983 (as amended 2007)

The Mental Health Act 1983 (amended 2007) provides the framework for compulsory detention and treatment for mental disorders.

A nurse suspects elderly patient financial abuse by a family member. Under the Care Act 2014, what is their legal duty?

Answer: Raise a safeguarding concern with the local authority

The Care Act 2014 Section 42 requires raising safeguarding concerns with the local authority when there is reasonable cause to suspect abuse or neglect.

What does 'Gillick competence' mean?

Answer: A child under 16 with sufficient understanding to consent to or refuse medical treatment

From Gillick v West Norfolk (1985): a child under 16 with sufficient understanding and intelligence to fully comprehend what is proposed.

What is the purpose of Deprivation of Liberty Safeguards (DoLS)?

Answer: To provide legal authorisation for depriving a person who lacks capacity of their liberty when in their best interests

DoLS authorise deprivation of liberty for a person lacking capacity in a hospital or care home when necessary, proportionate, and in their best interests.