Mental Capacity And Deprevation Of Liberty

Question 1

5 mental capacity judgments

Answer 1

1 if you say that someone lacks capacity you have to show it or prove it.
2.support their decision making, help them if they need special hearing aids or other utilities that would make it easier for them to communicate. ( so they participate and have the best chance).
3. Do not make judgments on unwise decisions, unwise choice doesn’t not equal to lack of capacity.
4. Respect best interest.
5. Seek least restrictive option (avoid infringing on freedom).

Question 2

Test for mental capacity

Answer 2

1 are they able to understand?
2 can they weight the decision?
3 can they communicate that decision back?

If so -they have the capacity to make their own choices.

Question 3

Issues with the test for mental capacity:

Answer 3

1. Those in vegetative state are not taken into consideration, they might be able to understand and weight their choices but do not have the ability to share or communicate it back leaving them with “no capacity “ at law.

Question 4

Mental capacity act amendment 2019

Question 5

Mental capacity s131 i formal provision and treatments mha 4

Answer 5

Responsible clinicians-
Second opinion approved doctor-
Considering patients capacity to consent to treatments given-
Ict-