Legalities

Question 1

5 principles of the Mental Capacity Act

Answer 1

1. Assume capacity unless proven otherwise
2. Can’t deem lack of capacity until all practical steps have been taken to facilitate the decision
3. An unwise decision doesn’t mean no capacity
4. Best interest
5. Least restrictive

(remember as: assume, steps, unwise, restrictive, best interest)

Question 2

2 stage capacity test

Answer 2

1. Is there an impairment of this person’s mind?

2. Is the impairment enough to constitute a loss of capacity? If yes- move to formal capacity assessment

Question 3

A person is unable to make a decision if they cannot;

Answer 3

1. Understand
2. Retain
3. Weigh up
4. Communicate back