Who can determine patient competency?
Table of Contents
Who can determine patient competency?
Competency is a global assessment and legal determination made by a judge in court. Capacity is a functional assessment and a clinical determination about a specific decision that can be made by any clinician familiar with a patient’s case.
Who decides a person’s mental capacity?
assessors
What is not covered by the Mental Capacity Act?
However, some types of decision can never be made by another person on your behalf, whether or not you lack mental capacity. These include decisions about marriage or civil partnership, divorce, sexual relationships, adoption and voting. The Mental Capacity Act therefore does not cover these decisions.
What does having mental capacity mean?
‘Mental capacity’ means being able to make your own decisions. Someone lacking capacity – because of an illness or disability such as a mental health problem, dementia or a learning disability – cannot do one or more of the following four things: Understand information given to them about a particular decision.
What does the Mental Health Act cover?
it establishes the system of public mental health care and provides for the licensing of private mental health facilities in NSW. it sets out the circumstances in which persons with mental illness may be admitted to and treated in public hospital based mental health facilities on either a voluntary or involuntary basis.
What do you do if you think someone needs sectioning?
If your nearest relative is concerned about your mental health, they can:
- tell the approved mental health professional approved mental health professional (AMHP) their concerns, which can lead to you being assessed, or.
- apply for you to be sectioned (although generally it is the AMHP who does this)
What happens when a person is sectioned?
If you are sectioned, this means that you are kept in hospital under the Mental Health Act 1983. There are different types of sections, each with different rules to keep you in hospital. The length of time that you can be kept in hospital depends on which section you are detained under.
