Chapter 15 Multiple choice questions

. The Court of Protection makes precedent decisions which bind and direct the lower Courts in using MCA & DOLS, which of the following is NOT part of their role?

Appointing deputies to make ongoing decisions for people lacking capacity

To identify where someone needs to be assessed for care and support

Make decisions about lasting power of attorney

Making decisions about when someone can be deprived of their liberty under the MCA

. The Court of Protection may on occasion get involved in disputes regarding whether a person lacks capacity, which of the examples below would the Court become involved?

When a person wants to challenge a decision that they lack capacity

When professionals disagree about a person's capacity to make a specific decision

When an advocate believes a person lacks capacity to make a decision

When there is a dispute over whether a person has capacity e.g. between family members

. The Court of Protection may be called upon to approve serious or invasive care or treatment, can you identify which of the decision-making powers below are not possible?

Decisions regarding withholding artificial hydration and nutrition from a person in a permanent vegetative state

Non-therapeutic sterilisation of a person who lacks capacity

Gender re-assignment where the person has expressed their bi-sexuality

Organ or bone marrow donation on behalf of an incapacitated person

. The Court of Protection will need to appoint a deputy to manage a person's finances in all circumstances where the incapacitated person has not made a LPA

True

False

. Deprivation of liberty may include the use of restraint, the MCA (Section 6) and DOLS Code of Practice state when restraint might be necessary, which of the following is NOT a justifiable reason for restraint?

The person is likely to experience harm if proportionate restraint is not carried out

Restraint should only be carried out for as long as necessary

The person must be restrained in the least forceful manner

Restraint can be used to enable a carer to carry out their duties in a more effective manner

. DOLS legislation was established to address the 'Bournewood Gap' related to the case of HL v UK (2004) where HL was deprived of his liberty in a hospital and was not afforded the opportunity to have his case reviewed by the Courts to ascertain whether the detention was lawful. DOLS states that a person should only be deprived of their liberty where.... (There are three answers to identify)

They lack capacity to make decisions

The deprivation is proportionate to meeting their needs

The alternative is cost prohibitive

It is in their best interests

. An Urgent Authorisation under DOLS covers an immediate or emergency situation where a person is deprived of their liberty, the Urgent Authorisation lasts for 21 days whilst a standard authorisation is carried out

True

False

. Department of Health guidance on DOLS published in 2015 highlighted the 'acid test' (taken from the Cheshire West case) which assist in identifying a deprivation of liberty; which of the following is an accurate description of what constitutes a deprivation of liberty?

A person who is free to leave but has lost their key

A person who cannot leave a residence without family assistance

A person who is under continuous supervision or control

A person who agrees to a deprivation of liberty

. The Mental Capacity (Amendment) Act (2019) seeks to address some of the challenges arising from case law decisions and develops the work carried out by the Law Commission in 2016 which suggested the current DOLS legislation was deeply flawed and needed to be replaced. What key change does it introduce to bring the Liberty Protection Safeguards in line with the MCA?

It applies to those over 85years

It applies to those 16years and above

. The Mental Capacity (Amendment) Act (2019) makes a change to the specialist assessors who will be required to carry out pre-authorisation reviews, particularly where the person deprived of their liberty does not wish to reside at the specific location or does not wish to receive the treatment proposed, what is the name of these assessors?

Best Interest Assessors

Approved Mental Capacity Professional

. The Liberty Protection Safeguards (LPS) (once implemented) can apply to a wider range of settings than those currently under DOLS; which of the following can LPS apply to?

A nursing home

A Police Station

A supported living setting

A private, domestic setting

. A LPS authorisation can last for how long after the first renewal?

12 months

3 years

Quiz Content