8/12/2019 Presentation Mental Capacity Act

1/11

The Mental Capacity Act

Unit 305/HSC 036: Promote person centred approachesin health and social care

8/12/2019 Presentation Mental Capacity Act

2/11

The Mental Capacity Act was designed to

protect people who are not able to make

decisions for themselves

andto protect the rights of those who are able

to make decisions but have in the past beenseen as incapable.

8/12/2019 Presentation Mental Capacity Act

3/11

8/12/2019 Presentation Mental Capacity Act

4/11

Reasons why someone may lack capacity include:

brain injury

mental illness

severe learning disability dementia

unconsciousness

sudden accident.

8/12/2019 Presentation Mental Capacity Act

5/11

The decision about whether a person has

capacity is made at the time and for each

separate occasion.

So if it is decided that a person lackscapacity to consent to medical treatment

because they are unconscious that does

not mean they are considered incapableonce they recover.

8/12/2019 Presentation Mental Capacity Act

6/11

Principles of the Act

Capacity is assumed unless proved

otherwise.

Individuals must receive every support tomake their own decision.

Individuals have the right to make what

may be seen as eccentric or unwisedecisions.

8/12/2019 Presentation Mental Capacity Act

7/11

Principles continued

Everything must be done in the best

interests of the individual.

Any intervention against a persons wishes

must be the least restrictive. An individual may appoint a person to

make decisions about their care and

health should they lose capacity in thefuture.

8/12/2019 Presentation Mental Capacity Act

8/11

Test for capacity

The test for capacity is twofold. The

questions to consider are:

1.Does the person have an impairment or a

disturbance in the functioning of their brainor mind?

2.Does this impairment or disturbance mean

they are unable to make a specificdecision?

8/12/2019 Presentation Mental Capacity Act

9/11

Making a decision about capacity is not

something to take lightly.

It usually involves several practitioners

and must be evidenced and recorded,ensuring the principles of the Mental

Capacity Act are followed.

8/12/2019 Presentation Mental Capacity Act

10/11

Who may become involved?

There are practitioners and organisations

who may become involved in protecting anindividuals right to decide or making a

decision in their best interests if they are

unable to do so themselves.

These include:

Independent Mental Capacity Advocate the Office of the Public Guardian

the Court of Protection.

8/12/2019 Presentation Mental Capacity Act

11/11

Further information

For further information and to read the Code

of Practice visit the following website at

http://webarchive.nationalarchives.gov.uk/+/http://www.dca.gov.uk/legal-policy/mental-

capacity/index.htm