Mental Capacity Act 2005 Flashcards
What is the Mental Capacity Act 2005?
Capacity is the ability to make a decision (e.g. about your own care and treatment). This act is in place to provide a legal framework setting out key principles, procedures, and safeguards to protect and empower those who are unable to make some of their own decisions
What is mental capacity?
Capacity is the ability to make a decision (e.g. about your own care and treatment). This act is in place to provide a legal framework setting out key principles, procedures, and safeguards to protect and empower those who are unable to make some of their own decisions
What reasons might there be why someone may lack the mental capacity to make decisions about their own care?
- Learning difficulties (autism, Down syndrome, etc.)
- Head injuries
- Dementia
- Mental health problems (e.g. schizophrenia)
- Stroke
What are the five statutory principles of the Mental Capacity Act?
- Presumption of capacity
- Support for individuals to make their own decisions
- The right to make ‘unwise’ decisions
- Decisions made in the best interest of the individual
- Should always choose the least restrictive option
What is presumption of capacity?
Medical staff should assume that the patient is able to make decisions for themself and must carry out an assessment to check whether they have mental capacity before making decisions on their behalf
What is support for individuals to make their own decisions?
Individuals should be given all practicable help before they are treated as not having capacity - e.g. providing information in different formats, providing an advocate, etc.
What is the right to make ‘unwise’ decisions?
Individuals should be able to make decisions that others would disagree with or believe are unwise (based on their own preferences and values - e.g. refusing blood transfusions or organ transplants for religious reasons)
What is decisions made in the best interest of the individuals?
If an individual has been assessed as lacking capacity, the decisions made should still be in their best interests - care workers must give reasons for the decisions they are making and try to involve the person as much as possible in that decision
What is always choose the least restrictive option?
Anything done on behalf of the patient should infringe as little as possible on their basic rights and freedoms
CASE STUDY:
Mark has a long-term history of paranoid schizophrenia and is under the care of a local psychiatrist. He has been admitted to hospital following a pulmonary embolism and prescribed medication to treat the condition. After initially taking the medication for the first few days, he refused to continue with the treatment, stating staff were continually interfering with him and repeatedly asked to go home. The doctor has said that there is a significant risk to the patient’s health if he does not take the treatment.
How would the Mental Capacity Act apply to this case study?
Mark’s mental health condition means that he may not understand the treatment or believe that there is anything wrong with him. The mental capacity act ensures that doctors take his needs on board and should carry out a mental capacity assessment to see if he is able to understand his rights - but start with the assumption that he does have capacity. They might try to wait a few days before making a decision so that he can take his antipsychotic medication and may be in a better frame of mind to understand the implications of refusing the treatment. Cannot keep him in hospital if he refuses treatment and does fully understand the risks
