Legislating relating to Dementia
Mental Health Act 1983
The Mental Health Act of 1983 covers the detention of people deemed a risk to themselves or others. It covers four categories of mental illness: severe mental impairment, mental impairment, psychopathic disorder and mental illness. Psychopathic disorder relate to people who have a "persistent disorder or disability of the mind" which leads to aggression. The Act allows people considered to be mentally ill to be detained in hospital and given treatment against their will. They are usually detained because it is considered in their interests and for their own safety, but they may be held because they are deemed a risk to others, but they do not have to of committed a crime of harmed anyone. Medication for mental disorder can be prescribed and administered to some categories of patients detained under the Mental Health Act without their consent for a period of three months. After that, medication can be administered only in certain circumstances. The Act allows for detention for several different periods. People can be detained against their will for 28 days if two doctors agree to their committal, usually for patients being detained for the first time for assessment. Patients may also be detained for up to six months, but this requires the consent of the person's nearest relative. This order can be renewed after six months and then annually. Patients can also be admitted under an emergency order on the recommendation of a doctor. Patients that are detained voluntarily can be prevented from leaving if they are still deemed a risk to themselves and the public. The Act covers other orders, including guardianship and people detained as a result of a criminal trial. (http://news.bbc.co.uk/1/hi/health/260798.stm)
Enduring power of Attorney Act 1985
Supervised community treatment allows someone who has been detained under certain sections of the Mental Health Act 1983 to be discharged from hospital under a...
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