Mental Capacity Act 2005

Question 1

Who does the mental capacity act 2005 apply to?

Answer 1

Applies to everyone involved in the care, treatment and support of people over 16 yrs old, living in England and Wales, who are unable to make decisions for themselves

Question 2

What is the mental capacity act designed to do?

Answer 2

To protect and restore power to vulnerable people who lack capacity

Question 3

What is the first key principle of the mental capacity act?

Answer 3

A presumption of capacity- you cannot assume someone cannot make a decision for themselves

Question 4

What is the second key principle of the mental capacity act?

Answer 4

Individuals being supported to make their own decisions- a person must be given all practicable help before anyone treats them as not being able to make their own decisions

Question 5

What is the third key principle of the mental capacity act?

Answer 5

Unwise decisions- people have the right not to be treated as lacking capacity merely bc they made a decision other deem as unwise

Question 6

What is the fourth key principle of the mental capacity act?

Answer 6

Best interests- anything done for the person that lacks mental capacity must be done in their best interests

Question 7

What is the fifth key principle of the mental capacity act?

Answer 7

Less restrictive option- the person making a decision for someone who lacks mental capacity must consider if it’s possible to decide or act in a way that would interfere less with the persons rights and freedoms

Question 8

What impacts a persons ability to make decisions or mental capacity?

Answer 8

• a stroke or brain injury
• a mental health problem
• dementia
• a learning disability
• substance misuse