The Mental Capacity Act 2005 Flashcards
LO3
What is capacity?
It is the ability to make a decision.
What is the Mental Capacity Act 2005 (MCA)?
It sets out a legal framework to protect and empower those who are unable to make some of their own decisions.
This applies to anyone over the age of 16.
How do you assess capacity?
- Can they understand the information to help make that decision?
- Can they retain that information?
- Can they weigh up that information?
- Can they communicate their decision to others?
What are 6 examples of people who may lack capacity?
Dementia
Severe learning disability
Brain injury
Mental health illness
Stroke
Unconsciousness by anaesthetic or sudden accident
Just because a person has 1 of these health conditions, it does not necessarily mean they lack the capacity to make a specific decision.
What are the 5 principles of the MCA 2005?
Presumption of capacity
Support to make a decision
Unwise decision
Best interests
Least restrictive
What are the key aspects of the MCA 2005?
It is presumed that every adult has the capacity to make their own decisions until otherwise evident.
All possible steps should be taken to help the adults make the decision themselves.
The adult should not be treated as unable to make a decision or lacking in capacity just because they make an ‘unwise’ decision.
Decisions made on behalf of adults should always be in their best interest.
Any decision made on behalf of the adults should be the least restrictive of their basic rights and freedoms.
People can appoint a trusted person to make a decision on their behalf if they lack capacity in the future.
What does the MCA 2005 ensure they do to support equality, diversity and rights?
Vulnerable people are treated with dignity and respect.
Those with mental impairments/disabilities are treated equally and fairly
Those without capacity are not treated unfairly or differently in terms of access to services, legal rights and protection from harm.
Decisions are made in their best interests so are personalised and they are consulted.
Vulnerable people are protected from abuse.
Support to make decisions is available.
Individual circumstances are considered when making decisions.
There is a legal framework for protection of rights and guidelines about depriving people of their freedoms.
What is the Deprivation of Liberty Safeguards (DoLs)?
This was an amendment made to the MCA in 2009.
It means you are not free to go anywhere unless you have permission or are closely supervised.
This is against the law unless it is done under the rules of the MCA.
It is only used if it is the least restrictive way of keeping someone safe or making sure they have the right medical treatment.
