Its primary purpose is to provide a legal framework for acting and making decisions on behalf of adults who lack the capacity to make particular decisions for themselves. It applies to people aged and over. It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery.
There are changes that may be brought into force at a future date. The Act is underpinned by five key principles: 1. The right for individuals to be supported to make their own decisions: people must be given all appropriate help before anyone concludes that they cannot make their own decisions.
That individuals must retain the right to make what might be seen as eccentric or unwise decisions. Best interests: anything done for or on behalf of people without capacity must be in their best interests. Least restrictive intervention: anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms. Assessment of mental capacity is specific for each individual decision at any particular time.
People are considered to lack capacity if they have an impairment which causes them to be unable to make a specific decision. See full list on patient. All decisions made for you when you have lost capacity should be made in your best interests.
The MCA is designed to protect and restore power to those vulnerable people who lack capacity.
In this Act, unless the context otherwise requires —. The principles (1) The following principles apply for the purposes of this Act. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity.
It also enables people to plan ahead in case they are unable to make important decisions for themselves in the future. This factsheet sets out the things to look for when assessing the capacity of a patient. You may lose mental capacity because of your mental illness. This section explains mental capacity and how the MCA works.
The main purpose of the MCA is to promote and safeguard decision-making within a legal framework. This includes social workers and doctors, as well as family or professional carers. It details the circumstances where it is possible to make a decision on behalf of someone without the mental capacity to make it themselves, and how the decision should be made.
The legal framework for Deprivation of Liberty provided by the Act is supported by a set of Forms. Most of the Forms are statutory but all are recommended to be used. Mental Capacity Act Forms.
What is mental capacity ? Making decisions on behalf of individuals. These must be borne in mind when working with, or providing care or treatment for, people who lack capacity.
These are some of the key differences between the Acts. It is the power either to create or to enter into a legal relation under the same conditions or circumstances as a person of sound mind or normal intelligence would have the power to create or to enter. It is a law that applies to individuals aged and over.
It ensures that they are given all necessary support to make every decision they are able to make, and to contribute towards any decisions made about their lives that they are unable to make themselves. The Project has been funded by. It must be adhered to whenever there is doubt about a patient’s mental capacity and a decision is required about their care or treatment.
This resource will support practitioners working in statutory social care or healthcare to understand the Act and practice confidently when supporting people to make decisions, assessing mental capacity and applying the Best Interests principle. How will I know whether a person has a mental incapacity? Medical definition of mental capacity : sufficient understanding and memory to comprehend in a general way the situation in which one finds oneself and the nature, purpose, and consequence of any act or transaction into which one proposes to enter.