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Difference between revisions of "Introduction to Mental Health and Capacity (14:I)"
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Introduction to Mental Health and Capacity (14:I) (view source)
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==Mental Health, Capacity, And the Law: An overview== | ==Mental Health, Capacity, And the Law: An overview== | ||
There are three distinct areas of concern in the intersection between the law, mental health, and capacity: clients who have developmental | There are three distinct areas of concern in the intersection between the law, mental health, and capacity: clients who have developmental disabilities, clients who have diminished capacity, and clients who suffer or have suffered from psychiatric disorders. These issues are separated into three subcategories below to direct you to the pertinent chapter – some are covered in [[{{PAGENAME}} | Chapter 14: Mental Health Law]], while others are covered in [[Introduction to Adult Guardianship (15:I) | Chapter 15: Guardianship]]. However, it is important to keep in mind that a client may experience several mental health challenges that overlap and blur the categories. For example, a client may have diminished cognitive capacity due to Alzheimer’s in addition to an underlying schizophrenia disorder they manage with medication. | ||
=== 1. Psychiatric Disorders === | === 1. Psychiatric Disorders === | ||
The third group are those people who may not have a developmental | The third group are those people who may not have a developmental disabilities or diminished capacity but who suffer from psychiatric disorders. These can range from mild delusions, to mood disorders, to pervasive and severe psychosis. These people are the ones most likely to fall under the provisions of the ''Mental Health Act''. The legal issues faced by this group are the main focus of Chapter 14: Mental Health Law. Therefore, in Chapter 14 it is important to note that the term “mental disorder” refers to psychiatric illness and not to those with developmental delays or diminished capacity. | ||
=== 2. Developmental | === 2. Developmental Disabilities === | ||
This category refers to people who are developmentally delayed or “intellectually impaired” due to genetic factors, birth trauma, or injury early in life, and who may or may not be able to live independently within the community. Many of these people function at the level of a minor and therefore may not have legal capacity. Their family members should be encouraged to use the planning tools found in [[Introduction to Adult Guardianship (15:I) | Chapter 15: Guardianship]] to make provisions for the care of their person. To plan for their financial well-being, their family members may wish to consult the Chapter 15 section “[[Overview of Adult Guardianship and Incapacity (15:III)#D. Drafting A Will | Overview of Incapacity – Section D. Wills and Estates]].” However, developmental delays are not covered in-depth in the LSLAP Manual. The [http://www.mcf.gov.bc.ca/spec_needs/ Ministry of Children and Family Development website] provides basic background information in this area and may be a starting point for further research. | This category refers to people who are developmentally delayed or “intellectually impaired” due to genetic factors, birth trauma, or injury early in life, and who may or may not be able to live independently within the community. Many of these people function at the level of a minor and therefore may not have legal capacity. Their family members should be encouraged to use the planning tools found in [[Introduction to Adult Guardianship (15:I) | Chapter 15: Guardianship]] to make provisions for the care of their person. To plan for their financial well-being, their family members may wish to consult the Chapter 15 section “[[Overview of Adult Guardianship and Incapacity (15:III)#D. Drafting A Will | Overview of Incapacity – Section D. Wills and Estates]].” However, developmental delays are not covered in-depth in the LSLAP Manual. The [http://www.mcf.gov.bc.ca/spec_needs/ Ministry of Children and Family Development website] provides basic background information in this area and may be a starting point for further research. | ||
=== 3. | === 3. Cognitive Incapacity === | ||
The second area of concern affects those people who, due to | The second area of concern affects those people who, due to disease or trauma, become mentally incapable. It is important to note that the threshold for capacity may differ depending on the legal matter at stake – for example, there may be a different level of capacity needed for the decision to appoint a representative as opposed to the decision to draft a will. Family members and caregivers for this group would most likely be served by the information in [[Introduction to Adult Guardianship (15:I) | Chapter 15: Guardianship]]. | ||
{{LSLAP Manual Navbox|type=chapters8-14}} | {{LSLAP Manual Navbox|type=chapters8-14}} | ||
