Flashcards
Mental Capacity Act 2005
Cards in this deck (17)
- 11. MCA 2005Mental Capacity means the level of understanding a person has which may be affected by injury or illness
16yrs + - 22. MCA AimsAims to protect people who cant make decisions for themselves
Mental and Capacity Act also allows a person to plan ahead for when they may not be able to make decisions / in what situations and how - 33. MCA - Examples of lack capacityDementia, LD, Brain Injury,
Mental Health Condition, Stroke,
Unconsciousness by accident / anaesthetic
But all still may have capacity in decisions - 43a. MCA - Directives 1. RightsEveryone has right to make own decisions - HC pros must assume capacity unless proved otherwise through assessment
- 53a. MCA Directives 2. Help Making DecisionsIndividuals must be given help to make decisions themselves e.g. provide info
- 63a. MCA Directives 3. Decisions Unwise?If decision appears unwise - they should not be treated as lacking capacity
- 73a. MCA Directives 4. Best interestWhere judged to lack capacity over specific decision -
it must be made in best interest - 83a. MCA Directives 5. Least RestrictiveTreatment + Care provided for someone lacking capacity must be least restictive as possible + still providing required treatment + care
- 93a. MCA Directives 6. Preferences / Trusted PersonAlso allows people to express preferences for care + treatment
Also allows them appoint a trusted person to make decisions on behalf if lacking capacity in future - 103a. MCA Directives 7. IAPeople should be provided with an independent advocate to support decisions in certain restrictive situations
- 118. MCA - How Capacity Determined - Asks - 1. (2)1. Does person have any mental impairment?
2. If so - does that prevent the person making the decision?
Understand / Retain / Weigh / Communicate - 128. MCA - How Capacity Determined - Asks - 2. (4)1. Can they understand info to make decision?
2. Can they remember info long enough to make decision?
3. Can they weigh decision consequences?
4. Can they communicate their decision? - 139. MCA - Supporting Decision MakingSteps to help enable decisions before LC:
Info / Alternatives / Presentation of info
Method of Communication
Family-Carer-Advocate giving info
Times + Location to Communicate - 1410. MCA - Making Best Interest DecisionsAccount for relevant factors:
Consult carers / family / friends
Involve person as much as possible - listen!
Account for past opinions / values / beliefs
Restrict freedom as little as possible / Can decision be postponed / LPA / EPA - 1511. DOLsCare provider must apply to Local Authority
Then arrange Assessment of Care + Treatment
Decide of DOL is in Best Interest
If so then grant Legal Authorisation - 1612. Advance Statements (1) + Decisions (2)1. Written Statement of wishes, values, beliefs
Not legally binding
2. Advance decision (to refuse treatment, ADRT or living will) IS legally binding for 18yrs +
- In writing / signed / witnessed
- Applies in life risk scenario - 1713. Lasting Powers of AttorneyCan grant LPA to another person to make decisions about Health / Welfare
Property / Finances - Several Legal Docs.
EPA pre MCA 2007 was Finances / Legal still valid
Personal Welfare LPA - effective when LC
Court of Protection
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- Flashcards on Mental Capacity Act 2005, created by Al Graham on 16/05/2015.
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- Al Graham
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