mental capacity act. mental capacity act overview the mental capacity act implemented in two stages...

Mental Capacity ActMental Capacity Act

Mental Capacity Act OverviewMental Capacity Act Overview

The Mental Capacity Act The Mental Capacity Act implemented in two stages implemented in two stages in April and October 2007in April and October 2007

Mental Capacity Act OverviewMental Capacity Act Overview April 2007 April 2007 Principles of decision Principles of decision

making and capacity. making and capacity. Independent Advocates Independent Advocates

(IMCA’s)(IMCA’s) introduced to introduced to support people without support people without capacity or representation. capacity or representation.


October 2007 introduced October 2007 introduced the changes to power of the changes to power of attorney and court of attorney and court of protection.protection.


The Act will be amended The Act will be amended shortly to implement the shortly to implement the Deprivation of Liberty Deprivation of Liberty Safeguards. Safeguards.

( Bournewood Decision)( Bournewood Decision)

http://news.bbc.co.uk/1/low/programmes/law_in_action/6744131.stm


Principles of the Act are:Principles of the Act are: An assumption of capacityAn assumption of capacity All steps practicable are All steps practicable are

taken to help a person taken to help a person make a decisionmake a decision

Unwise decisions do not Unwise decisions do not mean a lack of capacitymean a lack of capacity


Main aspects of the act :Main aspects of the act : Adults have full legal Adults have full legal

capacity to take decisions capacity to take decisions unless proved otherwiseunless proved otherwise

Decision on behalf of a Decision on behalf of a person lacking capacity person lacking capacity must be taken in their best must be taken in their best interest. interest.


The Act covers a wide range of The Act covers a wide range of decisions for people lacking decisions for people lacking capacity including: capacity including:

Any change of accommodation Any change of accommodation lasting more than 8 weeks lasting more than 8 weeks (Mental Capacity Act (Mental Capacity Act Chapter39) Chapter39)

Any serious medical treatment Any serious medical treatment (Code of Practice chapter 6)(Code of Practice chapter 6)


Principles of the Act are:Principles of the Act are: Decisions around capacity Decisions around capacity

must be made in the best must be made in the best interests of the personinterests of the person

A Decision must be the A Decision must be the least restrictive option.least restrictive option.

Main Capacity Act OverviewMain Capacity Act Overview

The Code of Practice: The Code of Practice: states that there must be states that there must be

evidence of an impairment evidence of an impairment or disturbance affecting or disturbance affecting capacitycapacity

sets out a process to sets out a process to determine this.determine this.


Does the person have an Does the person have an impairment that could impairment that could potentially affect capacity? potentially affect capacity?

Does the impairment Does the impairment prevent the person making prevent the person making a decision when required. a decision when required.


Is it likely that the person Is it likely that the person will regain capacity? Can a will regain capacity? Can a decision be put off until decision be put off until then? then?

What is in the best What is in the best interests of the person?interests of the person?


What would have been the What would have been the likely decision, prior to the likely decision, prior to the loss of capacity?loss of capacity?

An advanced decision if An advanced decision if valid and applicable to the valid and applicable to the decision necessary will decision necessary will override any other override any other decisions. decisions.


There are four stages for There are four stages for determining capacity. determining capacity. They are… They are…


1. The person must be 1. The person must be able to able to understand understand information information provided. provided.


2.2. The person must be The person must be able to feedback their able to feedback their understanding of the understanding of the information given. information given.


3. The person must be able 3. The person must be able to weigh up the options to weigh up the options and choices. and choices.


4. The person must be able 4. The person must be able to communicate their to communicate their decision back. decision back.


A person lacking capacity A person lacking capacity should be included as far should be included as far as they are able in the as they are able in the process of decision process of decision making. making.


All relevant parties should All relevant parties should be consulted in terms of be consulted in terms of determining capacity.determining capacity.

The decision should not be The decision should not be motivated by the prospect motivated by the prospect of bringing about the of bringing about the person’s death. person’s death.


Changes to Power of Attorney Changes to Power of Attorney and Court of Protection were and Court of Protection were brought in from October 2007brought in from October 2007

A new office for Public A new office for Public Guardian brought into being Guardian brought into being to register and monitor Power to register and monitor Power of Attorney.of Attorney.


A new office for Public A new office for Public Guardian brought into Guardian brought into being to register and being to register and monitor Power of Attorney.monitor Power of Attorney.


Applications for Power of Applications for Power of Attorney can now be made Attorney can now be made around personal welfare around personal welfare (Including health decisions (Including health decisions as well as financial as well as financial matters.)matters.)

Mental Capacity Act overviewMental Capacity Act overview

As far as is practical and As far as is practical and appropriate. appropriate.

Any advance decisions Any advance decisions made by the person when made by the person when they had capacity must be they had capacity must be taken into account. taken into account.


The Court of Protection is The Court of Protection is the decision maker of last the decision maker of last resort when:resort when:

There is disagreement over There is disagreement over a best interest decision. a best interest decision.


A person has a serious A person has a serious decision to be made decision to be made around welfare or financearound welfare or finance