The Mental Capactiy Act 2005

Question 1

5 rules of the mental capacity act

Answer 1

*always assume a person has full capacity unless proven otherwise
*dont treat a person as though they lack capacity due to making an u wise decision
*wherever possible, help people to make their own decision
*treatment and care provided to someone who lacks capacity should be at least restrictive of their basic rights and freedoms
^id you make a decision for someone who doesn’t have capacity, it must be in their best interests

Question 2

What isn’t covered by the act

Answer 2

• Decisions cannot be made on behalf of someone else
• voting in an election
• placing a child for adoption
• whether to have sex
• whether to get married or civil partnership

Question 3

How to help people who lack capacity

Answer 3

• advocate
• is it the time of day that effects it?
• different methods of communication used?
• could the info be presented differently?
• could they have been more informed?
• does the person have all the info needed?

Question 4

When is a person able to make a decision?

Answer 4

• understand the info relevant to the decision
• retain that info
• use or weigh up that info as part of the process of making the decision

Question 5

2 stage test of capacity

Answer 5

1- does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use?
2- does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity for some things and not others. People can lack capacity some days and not others.

Question 6

More capacity=

Answer 6

Less vulnerable

Question 7

Who does this act protect

Answer 7

16+