LCR4802 Assignment 1 (DETAILED ANSWERS) Semester 2 2024 - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED - DISTINCTION GUARANTEED Answers, guidelines, workings and references ..Scenario Tinkie has a history of schizophrenia for which she has been receiving outpatient care for the past few years. Unbeknown to her husband, Siyabonga, Tinkie stopped taking her schizophrenia medication a while ago. One day after work, Siyabonga arrives home only to discover Tinkie covered in blood, disoriented and mumbling incoherently. It transpires that she cut herself with razor blades as an act of self-mutilation. Siyabonga fears for her safety and takes her to Sunshine Psychiatric Hospital for admission and treatment. With them in the car is Lebohang, their 15-year-old son who helps to calm, comfort and safeguard his mom. Tinkie is admitted to Sunshine where it comes to light that she had also swallowed the razor blades. The razor blades need to be removed surgically as a matter of urgency. Siyabonga and Lebohang are obviously emotionally distraught. They return home but are involved in a terrible car accident. Siyabonga dies instantly and Lebohang is seriously injured and unconscious. Answer the following questions: (a) Set out and apply the legislative provisions that made it possible for Tinkie to be admitted to Sunshine despite her mentally confused state and the absence of her consent. (b) Fortunately, Sunshine Psychiatric Hospital has a surgical ward. Dr Blade, the surgeon on duty, recommends the surgical removal of the razor blades that Tinkie had swallowed. The admissions clerk at Sunshine is unsure whether Tinkie could grant consent or whether authorisation should be sought from someone else. Advise her on the relevant legislative/regulatory provisions. (c) Lebohang needs to undergo surgery but is obviously in no state to grant consent. Due to its urgency, there is simply not enough time to approach a court for authorisation or to seek ministerial consent for the operation. Who should be approached for consent under the circumstances? Identify and set out the contents of the relevant legislative provision.
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