Consent

Question 1

What are the 5 key principles for the mental capacity act assessment?

Answer 1

a. A person must be assumed to have capacity unless it is established that he lacks capacity
b. A person is not treated as unable to make a decision unless all practicable steps to help him do so have been taken without success
c. A personal is not to be treated as unable to make a decision merely because he makes an unwise decision
d. An act done, or decision made, for or on behalf of a person who lacks capacity must be done in his best interest
e. Before act is done, or decision made regard must be had as to whether the purpose for which it is needed can be effectively achieved in a way that is less restrictive of the persons rights and freedom

Question 2

Incapacity definition?

Answer 2

Unable to make a decision for himself in relation to the matter because f an impairment of, or disturbance in functioning of, mind or brain