LWS101 Chap.11 Mental Health and Caring for Older People
Mental Health and Caring for Older People
Liberty and risk
Mental health law can justify care that ordinary consent rules would not, including depriving a person of liberty when the danger is to that person alone, while giving patients important rights and regulating restricted treatments.
Older people
Older adults keep the presumption of capacity.
Queensland's general principles protect liberty and require the least restrictive option, and the Code of Conduct points to reporting obligations about the aged, bars unauthorised restraint and forbids financial involvement with people in a nurse's care.
Rights that travel with the patient
The Week 11 overview stresses that the law gives patients with mental illness important rights that health professionals need to know.
For older people, the guardianship principles add rights to participate in decisions, to keep supportive relationships and to have culture, language and values respected. Naming the right at stake is a quick way to strengthen the law heading.
What this chapter covers
- 01
Mental Health and Autonomy
- 02
Deprivation of Liberty
- 03
The Least Restrictive Option
- 04
Capacity in Older Adults
- 05
Restraint and Assault
- 06
Safeguarding Against Exploitation
Worked example · free
Restraint for a wandering resident
- 1Principle 4.1 tells nurses not to participate in unauthorised restraining or unnecessary force, which can be physical assault.
- 1The general principles protect liberty unless the law authorises otherwise and require the least restrictive option.
- 1The nurse should refuse the restraint, look for less restrictive measures and escalate to the team.
Key terms
- Deprivation of Liberty
- Restricting a person's freedom of movement, which requires authority in law.
- Restricted Treatment
- A treatment the law regulates closely, which may be given only in defined circumstances.
- Elder Abuse
- Harm or exploitation of an older person, which may engage reporting obligations about the aged under Principle 1.3.
- Power of Attorney
- An appointment under which an attorney makes decisions for an adult, subject to the guardianship principles.
- Supported Decision-Making
- Helping an adult make their own decision with information and support before any substitute decides for them.
- Right to Liberty
- The general principle that no adult is deprived of liberty unless the law authorises it.
Mental Health and Caring for Older People FAQ
Why is mental health law different from ordinary consent law?
The Week 11 overview notes that mental health law can justify detaining a person when the danger is to that person alone, which runs against the usual rule that capable adults decide for themselves. The same law gives patients important rights and regulates restricted treatments.
Is restraint ever acceptable in caring for older people?
Principle 4.1 tells nurses not to participate in unauthorised restraining or unnecessary force. Any restriction needs authority in law, and Queensland's general principles require the least restrictive option, so the nurse should look for alternatives and escalate rather than restrain.
What should a nurse do if they suspect an older person is being financially exploited?
Document what was seen and heard, speak with the person privately, and escalate under local policy and any reporting obligation about the aged that Principle 1.3 refers to. ICN element 4.2 asks nurses to oppose exploitation, and attorneys must safeguard the adult's interests.
Does an older person with dementia lose the right to make decisions?
No. Every adult is presumed to have capacity, and capacity is judged for each decision at the time it is made. A person with dementia may still make many decisions, and the general principles require support to help them decide before anyone decides for them, as well as respect for their views, wishes and preferences.
Exam move
Make a short list of the general principles that protect liberty and participation, and quote the right one in every Week 11 and 12 answer. Practise testing capacity before mentioning any substitute decision-maker. For restraint and exploitation scenarios, write the implementation heading as an escalation order, and include at least one less restrictive alternative in your options for action.
In every scenario involving an older adult, write the presumption of capacity as your first legal sentence. Keep the restraint principle and the liberty principle side by side on one page, so the conflict between safety and freedom is visible at a glance.
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