Mental Capacity Act

Question 1

When was the MCA made?

Answer 1

Mental Capacity Act 2005

Question 2

What age does the MCA apply?

Answer 2

people 16 years and older

decision specific

Question 3

What is the two stage test is capacity assessment?

Answer 3

1. Do they have an impairment of mind?
   - learning
   - dementia
   - brain injury (incl stroke)
   - mental health
   - confusion, drowsy, unconscious (due to condition or a treatment)
   - substance misuse
2. Does the impairment mean they lack capacity?
   - understand
   - retain
   - weigh / balance argument
   - communicate

(lack one means lacking capacity)

Question 4

5 principles of capacity assessment?

Answer 4

• Assume
- Capacity is present UNLESS it is shown to be absent

• Assist
- Provide all practicable help for people to decide

• Unwise
- Bad decisions do not mean someone lacks capacity

• Best Interests
- Any decision made on behalf of someone who lacks capacity

• Least Restrictive
- Always consider a less restrictive option

Question 5

What is the a DoLS?

Answer 5

Deprivation of Liberty Safeguards

• Applied when the MCA is used in such a way that the person is deprived of their liberty (in hospitals and care homes)

Eg:

• use of meds to calm someone down
• physically stopping someone harming themselves
• restraining someone in order to provide care or treatment
• reminding someone they will be restrained if their behaviour continues

Question 6

How is a DoLS created?

Answer 6

• application to supervisory authority
• can take up to 28 days
• authorisation if for up to one year (new application then needed)