Mental Capacity Act

Question 1

When was the Mental Capacity Act written?

Answer 1

2007

Question 2

What does the Mental Capacity Act (2007) outline?

Answer 2

a law around who can and how make which decisions for you.

Question 3

What do you need to have capacity?

Answer 3

Understanding of the information relevant to the decision
Retention of the information in order to make the decision
Ability to use or weigh up the information
Ability to communicate the decision

Question 4

What is the two-stage test of capacity?

Answer 4

Is there an impairment of or disturbance in the functioning of the person’s mind/brain?
Is the impairment or disturbance sufficient that the person lacks the capacity to make that particular decision?

Question 5

Which neuropsychological functions are involved in decision making?

Answer 5

Attention
Memory
Language
Reasoning
Information processing
Executive Functioning

Question 6

What is the two part test for a deprivation of liberties?

Answer 6

The person is not free to leave

The person is under constant supervision

Question 7

What roles have been developed to safeguard for best interests and DoLS?

Answer 7

Lasting power of attorney
Court of protection
Court appointed deputies
Independent Mental Capacity Advocate

Question 8

What trumps the mental capacity act?

Answer 8

The mental health act