Search results for ‘Subject term:"mental health problems"’ Sort:
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Current developments
- Author:
- MORGAN Derek
- Journal article citation:
- Journal of Social Welfare and Family Law, 17(3), 1995, pp.383-386.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
Provides a brief overview of a Law Commission report, Mental Incapacity, published in 1995. The article points to some of its radical proposals in areas which are morally, politically and ethically contentious. Looks in particular at decision-making; in particular who decides and with what formalities when an adult is deemed to lack mental capacity.
Re-sectioning following discharge
- Author:
- PARSONS Andrew
- Journal article citation:
- Mental Health and Learning Disabilities Care, 4(4), December 2000, p.139.
- Publisher:
- Pavilion
Reports on a recent court ruling which has confirmed as lawful the immediate re-sectioning of a patient following discharge by a Mental Health Review Tribunal.
Substitute financial decision-making in England and Wales: a study of the Court of Protection
- Authors:
- SUTO W.M.I, CLARE I.C.H., HOLLAND A.J.
- Journal article citation:
- Journal of Social Welfare and Family Law, 24(1), 2002, pp.37-54.
- Publisher:
- Taylor and Francis
- Place of publication:
- Philadelphia, USA
In England and Wales, the legal framework for substitute decision-making for adults who lack capacity to make financial decisions is provided by the Court of Protection through Enduring Powers of Attorney (EPAs)and Receiverships. Little is known about the 'patients'of the Court and the capacity assessments made before implementing substitute decision-making. A sample of records (N = 800) indicated that the typical client is an older woman, living in a residential home, with limited financial resources and dementia. Of concern, formal capacity assessment was minimal: for EPAs, the data were too limited to analyse, whilst, for Receiverships, few (21.5 per cent) referred to relevant skills. Compared with other medical practitioners, psychiatrists were significantly more likely to make complex assessments. Nevertheless, none addressed fully the accepted definition of incapacity. We discuss the implications of our findings in the context of the proposals to reform the current substitute decision making framework.
Who makes the decisions?
- Author:
- VALIOS Natalie
- Journal article citation:
- Community Care, 29.7.99, 1999, p.12.
- Publisher:
- Reed Business Information
Asks who has the right to make decisions about the medical treatment of people who are medically incapacitated and examines the case for legislation.
Positive steps: using the court of protection to prevent financial abuse of older people
- Author:
- ELEY Ruth
- Journal article citation:
- Mental Health Review, 3(1), March 1998, pp.29-32.
- Publisher:
- Pier Professional
Discusses how the Mental Health Act 1983 provides for the Court of Protection to protect and manage the property and affairs of people who, by reason of their mental disorder, are incapable of managing and administering their own property and affairs.
The Disability Discrimination Act 1995 and psychiatry: lessons from the first seven years
- Author:
- GLOZIER Nick
- Journal article citation:
- Psychiatric Bulletin, 28(4), April 2004, pp.126-129.
- Publisher:
- Royal College of Psychiatrists
The aim was to extract relevant information for clinicians from reported and/or accessible cases involving psychiatric illness brought under the Disability Discrimination Act 1995 (DDA). Institutional databases were searched for DDA cases and relevant guidance from case law extracted. Over half the cases reaching higher courts involve psychiatric illness. A number of decisions provide guidance for clinicians wishing to aid their own patients, and those involved as expert witnesses. These cover which conditions are included as impairments (almost everything in ICD-10), what associated effects are to be considered, and the relevance of comorbidity and treatment. Cases often involve recovery of clinical documents that reveal interesting variation in professional standards. Virtually all patients of psychiatrists in secondary care would be covered by the DDA. Knowledge of this Act could be used to enhance a patient’s access to employment and services, and potentially overcome some of the effects of stigmatisation.
Home Office Mental Health Unit
- Authors:
- CURRAN Christopher, GRIMSHAW Catherine
- Journal article citation:
- Openmind, 104, July 2000, p.28.
- Publisher:
- MIND
Outlines the functions of the Mental Health Unit which exercises the Home Secretary's powers in respect of restricted patients.
Shock treatment
- Author:
- THOMPSON Audrey
- Journal article citation:
- Community Care, 6.6.96, 1996, pp.14-15.
- Publisher:
- Reed Business Information
Doctors can force electric shock therapy on psychiatric patients, but a court judgment makes inroads on what many regard as excessive powers, reports the author.