Mental Capacity Act

Question 1

What are the 5 key principles of mental capacity act?

Answer 1

• presumption of capacity (unless prove otherwise)
• right for individuals to be supported to make their own decisions (give all help necessary help and practicable measures to help make their own decision)
• individuals must retain the right to be supported to make what may be seen as eccentric or unwise decisions
• best interests (anything done on or for the person must be in their best interest)
• least restrictive intervention ( should be least restrictive of their basic rights and freedoms)

Question 2

What re possible causes of incapacity?

Answer 2

•dementia
• delirium 
• depression
• psychotic illness
•distress or emotional disturbance 
(but no specific illness should be assumed to imply incapacity)

Question 3

How is capacity assessed? (with regards to whether it is assessed overall or …)

Answer 3

On a decision-specific basis

Question 4

How is mental capacity tested?

Answer 4

•does the patient have an impairment of the mind or the brain or a disturbance of mental function?
- if so does the impairment or disturbance mean that the person is unable to make a decision at the time it needs to be made

Question 5

in order to have capacity a person must be able to:

Answer 5

• understand the information relevant to the decision
• retain the information
• use the information as part of their decision making process
• communicate their decision either by talking, signing or any other means

Question 6

What needs to be taken into account to make a best interest decision?

Answer 6

• involve the person who lacks capacity
• be aware of the person’s wishes and feelings
• consult with other’s involved in the person’s care e.g. healthcare workers, family
• do not make assumptions based solely on the patient’s age, condition, appearance or behaviour
• consider whether the person is likely to regain capacity to make the decision in the future

Question 7

What replaced DOLs?

Answer 7

Liberty protection safeguards

Question 8

In the liberty protection safeguard for a responsible body to authorise deprivation of liberty it must be clear that:

Answer 8

The person lacks the capacity to consent to the care arrangements
The person has a mental disorder
The arrangements are necessary to prevent harm to the cared-for person, and proportionate to the likelihood and seriousness of that harm.

Question 9

Initially how long Can a liberty protection safeguard be issued for?

Answer 9

initially a year (then can be renewed for a year and then after that three years)

Question 10

What is a lasting powers of attorney?

Answer 10

IS a person which the patient has given lasting power of attorney for when they lack capacity and cannot make decisions for themselves.

Question 11

What can lasting powers of attorney make decisions about for the patient?

Answer 11

•patients welfare or specified matters concerning the patients welfare
• patients property and affairs or specified matters concerning patients property and affairs
- so financial, property, health and welfare decisions

Question 12

What are criteria for being a lasting power of attorney be?

Answer 12

aged 18 or over

Question 13

What must be true for a person to assign a lasting power of attorney

Answer 13

be over 18

have capacity at the time of the appointment