The following general powers replaced the Lunacy Regulation Act. Functions of the High Court are exercisable under the following provisions: after considering medical evidence, the court is satisfied that a person is incapable of managing and administering his property and affairs by reason of medical disorder. Where it is represented to the court and the […]
The Mental Health Review Tribunal hears challenges to the lawfulness of detention. It has three members. One member is a legal member, another a lay member, and a third a medical member. It will generally convene in the hospital where the person is detained. The Tribunal is subject to the Human Rights Act and plays […]
The European Convention on Human Rights is of direct relevance in legislation. Article 3 prohibits torture or inhuman or degrading treatment or punishment in the care and treatment of persons with mental conditions including in medical treatment, treatment which conforms to therapeutic norms is generally acceptable and may include steps taken by force. However, there […]
A guardian may be appointed for a person over 16 years who suffers from severe mental handicap and who requires supervision in the interest of their welfare. A guardian permits a person to live in the community with minimum interference. An application for guardianship may be made by a social worker or a relative. The […]
The principles applicable to other mental health proceedings are also applied to medical treatment. It is a strong principle that a person may not be medically treated without their consent. If there is demonstrable basis to show that the person, due to a mental condition, does not have the capacity to understand and the basis […]
The Enduring Powers of Attorney (Northern Ireland) Order 1987 facilitates the creation of enduring powers of attorney. These are powers of attorney that take effect when a person ceases to have mental capacity. In contrast, a conventional power of attorney terminates in such circumstances if the person lacks the capacity to act on their own […]