Mental Capacity Act

Question 1

What are the 5 key underpinning principles of the mental capacity act?

Answer 1

1. Presumption of capacity (a person should be assumed to have capacity until proven otherwise)
2. Maximising decision-making capacity (A person must be given all practicable help before anyone treats them as not being able to make their own decisions)
3. Unwise decisions (unwise decision making should not regarded as lacking capacity)
4. Best interests (anything done for or on behalf of a person who lacks mental capacity must be done in their best interests)
5. Least restrictive alternative (Someone making a decision or acting on behalf of a person who lacks capacity must consider whether it is possible to decide or act in a way that would interfere less with the person’s rights and freedoms of action)

Question 2

Which of the following is not one of the underpinning principles of the mental capacity act? Presumption of capacity Least restrictive options Compassion and empathy Unwise decisions Best interests

Answer 2

Compassion and empathy

Question 3

What are the criteria for capacity to be present?

Answer 3

Understand information

Retain it

Able to weigh up information to make a decision

Able to communicate that decision

Question 4

Who makes judgements for incompetent adults?

Answer 4

Physicians

Court decisions

Lasting Power of Attorney/Independent Mental Capacity Advocate

• Usually, best interests decision is made with all stakeholders involved.*
• Note:*

Doctor trumps LPA if treatment life-sustaining or if in an emergency situation.

Note:

An LPA can refuse treatment on behalf of the patient but not demand it.

Nobody (patient, family, LPA) can demand medical treatment judged to be futile or inappropriate.

Question 5

What are the 3 requirements for consent?

Answer 5

Informed

Voluntary

Made by someone with capacity