Mental Capacity Act & Health decision making

Question 1

What are the 6 principles of the MCA?

Answer 1

1. Presumption of capacity
   - All adults have capacity until proven otherwise
2. Right for individuals to make own decisions
   - Healthcare should provide all available resources to make a decision
3. Individuals retain right to make decisions that seem eccentric or unwise
4. Best interest
   - Anything done on behalf of an individual w/o capacity is done in their best interest
5. Least restrictive intervention on patients rights and freedom needs to be carried out
6. Capacity assessment specific to individual and each circumstance

Question 2

What 4 things must a person demonstrate for full capacity?

Answer 2

Ability to:

1. Understand information
2. Retain information
3. Weight up information
4. Communicate ideas

Question 3

What are advance decisions?

Answer 3

• A statement about health decisions made by an individual in advance
• May be written/witnessed orally/signed a print card
• Must be documented in paitent file

Question 4

Who can make advance decisions?

Answer 4

> 18 years

With capacity

Question 5

When can advance decisions be overruled?

Answer 5

• If treated for mental health decisions under MHA
• If lasting power of attorney given
• If advance decision withdrawn
• If decision amended whilst having capacity

Question 6

What are the two types of advance decision?

Answer 6

1. Statement authorizing or requesting procedures
   - Not necessarily legal binding
   - Taken into account in terms of best interest
2. Clear instructions refusing treatment/medical procedures
   - Legally binding if made when patient competent
   - Patient has not changed mind

Question 7

What is lasting power of attorney?

Answer 7

-An individual appointed to act on another individuals behalf if they lose capacity (includes finance, property, health, welfare decisions)

NB: WHEN DEALING WITH LASTING POWER OF ATTORNEY MUST MAKE SURE THEY HAVE POWER FOR HEALTH DECISIONS