Adults with Incapacity

Question 1

What age can you legally make a binding decision for yourself ?

Answer 1

16 years old.

Question 2

What is the Adults with Incapacity Act ?

Answer 2

Framework for safeguarding the welfare of adults who lack capacity due to mental illness, learning disability or related condition, or inability to communicate.

Question 3

What is the aim of the Adults with Incapacity Act ?

Answer 3

Protect people who lack capacity to make particular decisions and support their involvement in making decisions about their own lives as far as they are able to do so.

Question 4

Legal definition of incapacity.

Answer 4

Inability of adult (>16 years old with condition to extent that they cannot understand what decision involves or make a true choice) to enter into legally binding contracts.

Question 5

Adults with incapacity are unable to …
(IMPORTANT)
Remember AMCUR

Answer 5

Acting.
Making decision.
Communicating decision.
Understanding decision.
Retaining memory of decision.

Question 6

Principles of the AWI Act ?

Answer 6

Benefit.
Minimum necessary intervention.
Take account of wishes of adult.
Consultation with relevant others.
Encourage the adult to exercise ‘residual capacity’.