mental capacity act
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Mental Capacity Act. Purpose of training session. To gain a basic understanding of the Mental Capacity Act and how it applies to your role including: The 5 Principles of the act Assessing capacity and who decides Best interest decisions Documenting decisions - PowerPoint PPT PresentationTRANSCRIPT
Mental Capacity Act
Purpose of training sessionTo gain a basic understanding of the Mental Capacity Actand how it applies to your role including:
• The 5 Principles of the act• Assessing capacity and who decides• Best interest decisions• Documenting decisions• Independent Mental Capacity Advocates• Lasting Powers of Attorney• Advance decisions• Court of Protection• The Public Guardian• Criminal offences• Where to get more information
Human Rights Act Influences
• Article 2 - Right to life• Article 3 - Prohibition of inhuman
or degrading treatment• Article 5 - Right to liberty• Article 8 - Right to respect for
private and family life such as autonomy and self-determination
Impairment or disturbance that affects the way that the mind or
brain works
16
What’s in a name?
Ability to Make a Particular Decision at the Time it Needs to be Made Act!
Mental Capacity Act
Summary – When does the act apply?
Is the person 16 or over?
Are they in England or Wales?
Do they have an impairment?
Is the impairment severe enough that it could effect their capacity to make a particular decision at the time it needs to be made?
Does their behaviour, previous capacity issues similar to this decision or information available from others suggest that an assessment needs
to be made?
The 5 Core Principles of the act
1.A person is assumed to have capacity.
A lack of capacity has to be clearlydetermined
Capacity cannot be determined by age, disability or appearance alone
The 5 Core Principles of the act
2. No-one should be treated as unable to make a decision unless all practicable (realistic) steps to help them have been exhausted and shown not to work.
3. A person can make an unwise decision. This does not necessarily mean they lack capacity.
4. If it is determined that a person lacks capacity then any decision taken on their behalf must be in their best interests.
5. Any decision taken on behalf of a person who lacks capacity must take into account their rights and freedom of action. Any decision should show that the least restrictive option or intervention is achieved.
How did you decide?
‘Look’ at/hear the information
Understand the information
Remember the information
Think about it and weigh it up
Communicate the decision
HURBE
•H ead•U nderstand•R emember•B alance•E xpress
Assessment should lead to..
A reasonable belief that someone has or lacks capacity to make the necessary decision at
the time that it needs to be made
Who is the assessor and who makes the final decision?
It could be you
Complex decisions, consulting others
You may need to consult others to help you to make a decision
about capacity(but the final decision
remains with you)
What decision should you make for someone who lacks capacity?
A decision made on the behalf of someone else should always
be in their
BEST INTERESTS
Best Interests Exercise
Favourite colourHoliday destinationPlace to retire toFavourite mealResuscitation or not?
Making sure decisions are in the person’s best interests
Things you may need to consider
• Equality and Diversity • Adult protection• Human rights• Who you would consult with• How you would involve the service
user as much as possible
Best Interests
• Ensure that you do not make assumptions about someone’s best interests
• Consider all the relevant circumstances relating to the decision
• Consider whether the person is likely to regain capacity. If so can the decision or act wait until then?
• Ensure that you have done whatever is possible to permit and encourage the person to take part, or to improve their ability to take part, in making the decision.
• Decisions concerning the provision or withdrawal of life sustaining treatment the must not be motivated by a desire to bring about the person’s death.
• Consider the person’s past and present wishes and feelings (in particular if they have been written down)
• Consider any beliefs and values (e.g. religious, cultural or moral) that would be likely to influence the decision in question and any other relevant factors.
Documenting assessments and best interest decisions
Do you need a specific form todocument capacity issues?
Documenting assessments and best interest decisions
• Care plans should show that capacity assessments have been made.
• Records should show in which instances the person may lack capacity.
• Day to day decisions may not need to be documented.
• New decisions or more complex issues should be recorded and include
What else does the act say?Independent Mental Capacity Advocacy
(IMCA) Service
In some cases an IMCA must be appointed. Some people who lack capacity may have no one to support them(other than paid staff) with major, potentially life-changing decisionsso the Act creates a service which will represent and support them.
The decision must be regarding major medical treatment oraccommodation moves.
Adult Protection
Capacity assessment must be made by referrer first.
What else does the act say?
Independent Mental Capacity Advocacy (IMCA) Service
Bev Price – Manager of [email protected]
01208 74243
What else does the act say?
Lasting Powers of Attorney (LPAs)
Replace the old Enduring Powers of Attorneyin October 2007 and allow people to put in writing who should make decisions for them in the following areas:• Health• Welfare• Property• Money
Important safeguardsA new Court of Protection
Will have the power to make declarationsabout:
• Whether someone lacks capacity, • Make orders or appoint deputies to act and
make decisions on behalf of someone who lacks capacity.
On many occasions, there may be other ways of dealing with difficult situations without having to go to Court, such as via existing
complaints procedures.
What else does the act say?
An advance decision
• Is prepared when a person has capacity
• It is a decision to refuse specific treatment and is binding (must be written and witnessed if life-sustaining treatment is being refused)
Advance Decision Website
www.adrtnhs.co.uk
Important safeguards
A new criminal offence
• ill- treatment or •wilful neglect of a person
who lacks capacity•can lead to fines and
imprisonment
Copies of the Code of Practice can be downloaded from
www.guardianship.gsi.gov.uk
Hard copies of this publication are available from
TSO Tel 0845 3302900
For more information
Paul Wilkins Mental Capacity Act Implementation Lead and TrainerDepartment of Adult Social CareLearning, Training and DevelopmentRoom 500Old County HallTruroCornwall TR1 3AY Tel: 01872 322289
email: [email protected]
Useful Information
• 6 Booklets – Making decisions, a guide for………….023 80 [email protected]
• DoH Training sets:Mental Capacity Act 2005Order Core set and the one that relates to your work area08701 555455