Mental Capacity Act 2005

Question 1

Applications

Answer 1

Applies to people over the age of 16.
Lack of capacity can be temporary and fluctuate.
Implemented into law in 2007.
Applies in England and Wales.

Question 2

Capacity

Answer 2

Capacity under this Act refers to the ability to make a decision.

Question 3

Section 1

Answer 3

The Principles: (1) a person must be assumed to have capacity unless it is established that they lack it; (2) a person is not to be treated as unable to make a decision unless all practicable steps to help them have been taken; (3) a person is not to be treated as unable to make a decision merely because they make an unwise decision; (4) an act done/decision made on behalf of the person must be done in their best interest; (5) before the act is done/decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the persons rights and freedom of action.

Question 4

Section 2

Answer 4

People Who Lack Capacity.
2(1): a person lacks capacity in relation to a matter if, at the material time, they are unable to make a decision for themselves in relation to the matter because of an impairment of/disturbance in the functioning of the mind/brain.

Question 5

Section 3

Answer 5

Inability to Make Decisions.
3(1): A person is unable to make a decision for themselves if they are unable to (a) understand the information relevant to the decision; (b) to retain that information; (c) to use/weigh that information as part of the process of making the decision; (d) to communicate their decision.

Question 6

Section 4

Answer 6

Best Interest.
4(1): in determining a persons best interest it must not merely be based on (a) the persons age/appearance, (b) a condition of their/aspect of their behaviour which might lead others to make unjustified assumptions about what might be in their best interest
4(6)(7) provide a statutory best interest checklist:
4(6): (a)the persons past/present wishes and feelings, (b) the beliefs/values that would be likely to influence their decision if he had capacity, (c) the other factors that they would be likely to consider if they were able to
4(7): the views of (a) anyone names as someone to be consulted, (b) anyone engaging in caring for the person, (c) any donee of a lasting power of attorney, (d) any deputy appointed for the person by the court.