Mental capacity and consent for treatment, how is this assessed?
Question:
Could anybody tell me how this assessment is made (the first time I was in I could consent), and what is likely to indicate a lack of mental capacity. Also would I be correct to assume that I am now able to consent for myself as I have been released after a psycological assement (after treatment) back into my home.
I would prefer UK answers as they are more relevent but will be interested in other countries.
Answers:
From the US, but here it goes:
From my experience (professionally), there are a few basic criteria. If (in a police officer's or psychiatric specialist's opinion) you pose a danger to yourself, a danger to others, are 'gravely disabled' mentally, or if your words or actions are beyond those of a 'reasonable person in their proper state of mind', they can deem you incapacitated.
Remember though -- it's not a crime to be crazy. So, for example, if some weirdo was standing in front of your house at 2AM dressed as a clown, with his back to your house, standing on a public sidewalk, you'd probably feel somewhat uncomfortable and want him to leave.
He's not intruding on your privacy; not disturbing the peace; not trespassing; not acting 'unreasonable' (because there are many clowns in the world, and many people stand on sidewalks); not posing any type of threat to himself or anyone else. Therefore, he can't be charged / arrested for anything.
HOWEVER, let's say the police show up for the 5th time and are tired of this guy. If a group of ten people were walking toward you, what would you (most likely) do? Probably (at minimum) you would at least move a little bit.
Remember -- you're on the sidewalk. They're coming at you (legally) so you go to move. In doing so, you step off the sidewalk into the street. At this point, you have demonstrated 'reason to believe' you are incompetent because you were observed endangering your life by 'walking in and out of traffic' -- and now they can take you away and won't have to deal with you anymore (for a while, at least)...
Unfortunately, I've seen this on a daily basis. The fact that you said you couldn't care less about 'accidentally' dying (long story short) is grounds for deeming a person 'gravely disabled' because a 'reasonable person' wouldn't feel the same way.
Hope that helps... Just my opinion though... :)
Shrinks are phoney *** LAME QUACKS! Don't take any of their advice, it will only give more problems in the end. I once took antidepressants about 10 yrs ago after suffering a severe bout of depression. The drug prozac nearly caused me to lose my transplanted kidney from dehyration. The drug caused me to vomit uncontrollably and I thought I was going to die. My nephrophologist told me to stop taking it immediately. The QUACK shrink said to KEEP taking it since I was making up the symptoms! My nephrologist saw me in person and I was MISERABLE. I went to him while holding a barf bag just in case I started heaving again. No way was I making any of it up. I later found out the QUACK shrink bastard was prescribing for all of his patients whether they were depresssed or not. He was later arrested after a patient went into liver failure from too much prozac that he prescribed. He ordered the patient to take 1 pill 3x per day. The normal adult dose is 1 pill per day. The patient later died from liver failure and could not get a transplant in time. Also, the miserable QUACK *** BASTARD was collecting a ton of $$$$ from the drug companies as well.
Gee! BIG SURPRISE! NOT!
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