Gerontology & Geriatric Research

Abstract

Conveyance of Mentally Ill Person from their Property: Which Legislation to Use? Mental Capacity Act (MCA) or Mental Health Act (MHA) or Court of Protection

Farooq Khan* and Anita Chithiramohan

Aim and methods: The aim of this review is to consider the appropriate use of either legislation the Mental Capacity Act (MCA) or the Mental Health Act (MHA) or Court of Protection to transfer the patient/person from one accommodation to another for the purposes of care they need. The methodology used for this article is review of literature. Results: Conveyance of the person from one place to another poses a number of conflicting issues in terms of mental capacity, their independence, liberty and balancing with safety and protection of the person. MCA (Deprivation of Liberty Safeguards), MHA (various sections 2 and 3, Guardianship Order) and Court of Protection can be used appropriately for the individuals concerned and situations that demand at the point of assessment. Clinical implications: Admissions to acute hospitals and mental health institutions that sometimes take place out of hours can be prevented to certain degree. If appropriate placement plans are made and adequate discussions are carried out to use MCA, MHA or Court of Protection then people would be appropriately placed in safe environment.