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LCR4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024

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LCR4802 Assignment 1 (COMPLETE ANSWERS) Semester 2 2024 - DUE 15 August 2024....100% correct questions, answers, workings, and explanations....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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LCR4802 Assignment 1 (COMPLETE
ANSWERS) Semester 2 2024 - DUE 15
August 2024

, (a) Legislative Provisions for Admission to Sunshine Psychiatric Hospital
Under South African law, the Mental Health Care Act 17 of 2002 governs the care, treatment, and
rehabilitation of persons with mental illnesses. Tinkie’s situation is addressed under this Act,
specifically concerning involuntary admission.

Involuntary Care, Treatment, and Rehabilitation (Section 33-36 of the Act):

A person can be admitted for involuntary care if they are incapable of making an informed decision
regarding their treatment due to their mental illness and if they are a danger to themselves or
others.
Given Tinkie's disoriented and mentally confused state, as well as her self-mutilation, these
conditions are satisfied, making her eligible for involuntary admission without her consent.
The application for involuntary admission can be made by a relative, in this case, Siyabonga, or any
other person such as a health care provider or police officer.
Procedure for Involuntary Admission:

Upon arrival at Sunshine Psychiatric Hospital, a healthcare provider (usually a psychiatrist) would
assess Tinkie's condition.
If the psychiatrist believes Tinkie requires involuntary care, treatment, and rehabilitation, they would
complete the necessary paperwork to admit her under Section 34 of the Act.
The hospital is then required to notify the relevant Review Board within 24 hours, who will review
the case and confirm the involuntary admission.

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