Capacity Flashcards
Mental capacity act date
2005
what is the mental capacity act?
A legal framework for acting on or making decisions on behalf of an adult who cannot make decisions for themselves
what age does the mental capacity act apply to?
over 16
What is the definition of vulnerable in PACE code C?
vulnerable applies to any person with a mental health condition or mental disorder
Mental capacity principle 1
Presumption of capacity until proven otherwise
Mental capacity principle 2
must be supported to make a decision
mental capacity principle 3
a person can still have capcity even if they make an unwise decision
mental capacity principle 4
any act done or decision made must be done in their best interests
mental capacity principle 5
any act done or decision made must be the least restrictive possible
what is section 5 of the mental capacity act 2005?
all possible steps have been taken to support the person. the 2-stage test has been applied. the best interest check list has been completed. you can evidence the care or treatment is in their best interest
when does the mental health act supersede the mental capacity act?
when a formal section is in place
what is the 1st step of the 2-stage assessment for mental capacity?
Does the person have an impairment or disturbance of the mind or brain?
what is the 2nd step of the 2 stage capacity assessment?
Functional assessment
functional assessment question 1
Can the person understand the information?
functional assessment question 2
Can the person retain the information long enough to make a decision?
