Mental Capacity Act

Question 1

What are the key principles of the mental capacity act 2005?

Answer 1

• EVERYONE is presumed to have capacity
• Individuals supported to make their own decisions (support those who may not have capacity)
• Free to make an unwise decision
• Someone making a decision on your behalf should still involve you as much as possible
• Lacking capacity for one decision does not mean lack of capacity for all decisions
• Lacking capacity at one time does not mean the person will lack capacity in the future
• Act in the persons best interests
• Use the least restrictive option

Question 2

Who does the mental capacity act apply to?

Answer 2

Anyone over 16

Question 3

Who does the mental capacity act protect?

Answer 3

Protects people who lack capacity

Empowers individuals who may have reduced capacity to still make decisions for themselves

Question 4

How can the act protect peoples future plans?

Answer 4

Advanced Directive

Lasting Power of Attorney

Question 5

What is an independent mental capacity advocate?

Answer 5

Helps make decisions for those who do not have family involved in the decision making process

Question 6

How can the mental capacity act be related to research in those who lack capacity?

Answer 6

Via ethics committee
Must agree that the research is:
-Safe
-Relevant to the patients condition
-Cannot be carried out on those WITH mental capacity
-Carers & family member must consent too
-Must produce overall benefit to the individual

Question 7

What decisions cannot be made on someones behalf who lacks capacity?

Answer 7

Voting

Marriage/divorce/relationships

Question 8

What are the criteria used to assess mental capacity?

Answer 8

• Is the patient able to understand verbal and/or written information needed to make the decision?
• Are they able to retain this information long enough to make the decision?
• Are they able to weight up the pro’s and con’s of a decision?
• Are they able to communicate their decision?

Question 9

When can restraints be used?

Answer 9

Under this act
Can only physically restrain somebody who lack capacity against their will if doing so will prevent harm to the patient.
You are only allowed to use reasonable, proportional force.

Question 10

What are the 2 stage process of the capacity act?

Answer 10

Diagnostic test: Impairment of/disturbance in the functioning of the mind or brain
Functional test

Decision & time specific

Question 11

What disorders could the diagnostic section of the mental capacity act include?

Answer 11

Organic: Traumatic brain injury, epilepsy, dementia, diabetes, OH- intoxication
Functional: Schizophrenia, depression, bipolar, personality disorders, dementia

Question 12

What is the functional test components?

Answer 12

Understand: The information relevant to the decision
Retain: Information
Use or weigh: To process & make a decision
Communicate: Decision

Question 13

How is capacity assessed?

Answer 13

STAGE 1: Diagnostic test
At the time of the decision the person has an impairment of, or disturbance in functioning of, the mind or brain
STAGE2: Understand, retain, use/weigh up the information, communicate a decision

Question 14

Who does DoLs apply to?

Answer 14

Apply to any person who lacks capacity and is deprived of their liberty in their best interests (regardless of whether they object or not)
Occurs in care homes, general hospital wards,mental health wards