Mental Capacity Act 2005

Question 1

What are the 5 key principles found in the Mental Capacity Act?

Answer 1

1. A person must be assumed to have capacity unless it is established that he lacks capacity
2. A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success
3. A person is not to be treated as unable to make a decision merely because he makes an unwise decision
4. An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests
5. Before the act is done, or the 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 person’s rights and freedom of action

Question 2

Making a decision that someone lacks capacity is specific to what?

Answer 2

Time specific

Decision specific

Question 3

What do you need to consider when deciding that someone lacks capacity?

Answer 3

1. Decide if they have an impairment of the mind that is temporary or permanent.
2. Unable to undertake the following:
   
   • Understand the information relevant to decision
   • Retain that information
   • Use or weight that information as part of the process of making the decision.
   • Communicate the decision made by talking, sign language or other means.

Question 4

If making a decision in someone’s best interests, what do you need to consider?

Answer 4

1. Whether the person is likely to regain capacity and can the decision wait.
2. How to encourage and optimise the participation of the person in the decision.
3. The past and present wishes, feelings, beliefs, values of the person and any other relevant factors
4. Views of other relevant people

Question 5

What age group does the MCA apply to?

Answer 5

adults over 16 years of age.

Question 6

What areas of life/decisions does the LPA encompass?

Answer 6

Property, finanaical, health and welfare decisions.

Question 7

Who does an LPA need to be registered with?

Answer 7

An LPA needs to be registered with the Office of the Public Guardian.

Question 8

Advance decisions allow people to demand treatment or refuse treatment?

Answer 8

Refuse treatment.

Question 9

Advanced decisions can be made verbally but in what circumstance do they need to be written?

Answer 9

When they are refusing life sustaining treatment.