The Mental Capacity Act was passed in 2008 in Parliament so that Singaporeans can appoint proxy decision-makers before they become mentally incapacitated by illnesses like dementia or brain damage. The Act, which came into force on 1 March 2010, is broadly modelled on the UK’s own Medical Capacity Act 2005 (Gillespie, 2010) and individuals can do so through a new statutory mechanism called "Lasting Power of Attorney" or LPA – which enables adult individuals to prospectively appoint one or more persons they trust, to act and make decisions in their best interests, in the event that they should lose mental capacity (MCYS 2010). Many have welcomed it as a timely measure to address the social realities of a fast ageing
Policies have an important role in regulating and shaping the values in a society. The issues related to mental health are not only considered as personal but also affecting the relationships with significant others. The stigma and discrimination faced by people with mental health can be traced to the lack of legislation and protection of rights (Rodriguez del Barrio et al., 2014). The policy makers in mental health have a challenging task to protect the rights of individuals as well as the public (Swigger & Heinmiller, 2014). Therefore, it is essential to analyse the current mental health policies. In Canada, provinces adopt their own Mental Health Acts (MHA) to implement mental health services. As of January 15, 2016, there are 13 mental health acts in Canada (Gray, Hastings, Love, & O’Reilly, 2016). The key elements, despite the differences in laws, are “(1) involuntary admission criteria, (2) the right to refuse treatment, and (3) who has the authority to authorize treatment” (Browne, 2010). The current act in Ontario is Mental Health Act, 1990.
My chosen reflection piece is on ageism, see appendix one. I will provide evidence reflecting the links between diabetes and depression, which will form my chosen seminar topic, see appendix two. I will then critically analyze the mental capacity Act (2005) and relate it to my specific scenario, see appendix three. I will explore how nurses the Act within nursing practice, decision- making, and how we access a person’s capacity to make specific decisions. I will explore any ethical issues that may arise following the principles of Mental Capacity Act (2005).
This essay will discuss issues that nurses have to consider when caring for a person that either lacks or have compromised capacity. At the same time, the author will explain important terminology in the essay such as the meaning of consent, capacity, best interest, Deprivation of liberty, advanced decisions, risk assessment, including several examples from experience during placement
The Mental Health Services Act is a monumental proposition that has helped many people for more than a decade. In California alone, close to 1.2 million adults and around 422,000 children live with a serious mental illness (State 2010). Without the proper treatment, suicide is the leading cause of death for a person battling an untreated mental illness (State 2010). With over thirteen billion dollars raised so far, MHSA has been the root of funding for mental health in California (Williams 2015). MHSA is still a work in progress. The act is nowhere near perfect, as a recent audit has shown, but it is certainly a step in the right direction.
Mental Health Act 1983 and 2007, for somebody to be treated as mental illness or mental disorder the Mental Health Act must also be involved. The Mental Health Act was started in the 1983 and was then amended in the 2007. The Mental Health Act 2007 was also amended the Mental Capacity Act 2005. The Mental Health Act 1983 was covering the following mental health disorder such as mental illness, mental impairment, severe mental impairment and psychopathic disorder. Then it was later amended in Mental Health Act 2007 which has provided a definition of a ‘mental disorder’ has does two things by improving the understanding of who can be treated under the Health Act and has increased the number of illness and disorders that can lead to the detention
It is usually imposed by a crown court. A magistrate’s court can also impose this order however this can only be done after a person has been convicted of an offense that is deemed to be punishable with a prison sentence. If the magistrates court can be satisfied that the offender has committed the offence in question they can impose the hospital order without the need to record a conviction.
At what point is an individual considered mentally unwell and in need of treatment and importantly who has the authority to determine their mental wellbeing? The Mental Health Act 2014 indicates the criteria for compulsory treatment is directed by a context whereby an individual is considered to be at risk of serious harm to themselves or others (Mental Health Act 2014, p. 16). This legal framework in which the Act is situated establishes a precedent for interrelated institutions to ascribe to. Notably, the Act stipulates compulsory treatment should only be considered when
“Everyone has an important role to play in achieving healthcare rights and contributing to safe, high quality care. Genuine partnerships between those families and carers of people receiving care and those providing it lead to the best possible outcomes.” (Western NSW Local Health District 2012).
Most people with mental illness can and do seek out treatment for their condition. The Mental Health Act is concerned with the small number of persons who cannot or who do not seek out treatment.
The mental health act was created in 1983 to make society as fair as possible but it also has had some negative areas. The act says about the ‘removal’ of people with mental disorders. This could be seen as discrimination e.g. marginalisation because you would be making someone feel isolated from society and feel as if they could not be part of that certain part of the community. This act is purely to help and protect those with mental health issues and safeguard those around them. This act was updated from 2001 and finalised in 2007 because the language used in the act was changed. Also issues, treatments on different conditions
The Mental Capacity Act 2005 (MCA 2005) introduced a statutory framework for advance decision making in England and Wales building upon the common law recognition of advance decisions. Academics considered that a bias may operate against upholding advance decisions refusing life-sustaining treatment 1. It’s commonly felt that judges usually give decisions favouring preservation of life and making advance decisions invalid on various grounds. Recent case-law indicates that a high level of specificity is required for advance refusals of life-sustaining treatment and, in some capacity must be demonstrated at the time of making the decision. This essay will argue the legal back ground of the advance decisions and relevant case law. There are suggestions that advance care planning (ACP) instead of advance decisions (ADRT) may be more helpful when it comes to the practice of law on ground 2.
This writer develops a lobbying plan in an effort to request an appointment with a local or state representative. The purpose of the meeting is to discuss in greater detail the Mental Health Parity Act (MHPA) and the problems that have been identified by DOL and CMS. Some of the problems are a lack of consistency in services in accordance with different states, stringent rules for services, and most of all the underutilization of services. These facts have been presented by DOL to Congress. Further, this writer has a suggestion, which this writer would like for the local or state representative to consider looking into. The suggestion is for quality assurance measures to be put into place, where the rules for eligibility of services are less
Tim has a long history of mental illness and was admitted to the ward following a deterioration in his mental illness after he lost contact with his son. His mood was elevated and he felt very restless and agitated. Prior to admission, he was found police in a very distressed state. Tim was placed on a section 2 of the mental health act (DH, 2007) and was originally observed generally where a member of staff would have to see him face to face on a hourly basis (NICE, 2005). Under section 2 of the mental health act Tim has lost the right to leave hospital at will and his responsible clinician has not granted him section 17 leave. A person can be detained for up to 28 days and treat against their will (DH, 2007). As Tim was detained it was important for staff to keep him on the ward.
In the course of proper identification, evaluation, and treatment, children and adolescents suffering with mental illness can conduct positive, normal lives. Nevertheless, the devastating majority of children with mental illnesses are unsuccessfully identified and the lack of treatment or support services have led to a subordinate worth of life and violence. The Mental Health Awareness and Improvement Act of 2013 (S. 689) is an inclusive bill proposed to address the extensive issue of mental health. By strongly considering the United States’ struggle against mental illness and school violence, as well as utilizing theoretical constructs to examine the Senate’s bill, a social worker can develop a more holistic perspective that can productively integrate practical insights reached from a variety of different points of view.