Mental Capacity Act

Question 1

What age group does the Mental Capacity Act of 2005 apply to?

Answer 1

adults over the age of 16

Question 2

What is the Mental Capacity Act?

Answer 2

sets out who can take decisions if a patient becomes incapacitated e.g. following a stroke

mental capacity includes the ability ot make decisions affecting daily life, healthcare and financial issues

Question 3

What are the 5 key principles of the Mental Capacity Act?

Answer 3

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 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 4

To what is the assessment of a person’s capacity specific?

Answer 4

decision specific and time specific

Question 5

What are the 2 criteria which must be met for an adult to be considered unable to make a particular decision?

Answer 5

1. He or she has an impairment of, or disturbance in, the functioning of the mind or brain whether permanent or temporary
   
   • AND
2. He or she is unable to undertake any of the following:
   
   1. understand information relevant to the decision
   2. retain the information
   3. use or weight that information as part of the process of making the decision
   4. communicate the decision made by talking, sign language or other means

Question 6

What are the 4 parts of the assessment of capacity?

Answer 6

1. understand information relevant to the decision
2. retain the information
3. use or weigh that information as part of the process of making the decision
4. communicate the decision made by talking, sign language or other means

Question 7

What are the 4 things that must be considered when assessing what is in someone’s best interests?

Answer 7

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 8

What is a Lasting Power of Attorney (LPA)?

Answer 8

the mental capacity act allows a person to appoint an attorney to act on their behalf if they should lose capacity in future

concerns property and financial affairs, and health and welfare decisions

Question 9

What must be specifically specified about the LPA which influences what decisions they can make?

Answer 9

they only have the authority to make decisions about life-sustaining treatment if the LPA specifies that

Question 10

What must a Lasting Power of Attorney be registered with before it can be used?

Answer 10

the Office of the Public Guardian

Question 11

What are Advance Decisions?

Answer 11

can be drawn up by anybody with capacity to specify treatments they would not want if they lost capacity

Question 12

In which situations do Advance Decisions need to be written, signed and witnessed rather than verbal?

Answer 12

if they specify refusal of life-sustaining treatment e.g. ventilation

Question 13

What can’t Advance Decisions do?

Answer 13

demand treatment (Refusal only)