The Mental Capacity Act

Rules for today

Mental Capacity means being able to make your own choices and decisions

Today we will look at what the Law says about: Your right to make choices and decisions Your right to make choices and decisions What support you must have to help you decide What support you must have to help you decide What happens if you cant decide for yourself What happens if you cant decide for yourself

Your Right to Choose Its your life! Its your life! You can choose how to live You can choose how to live Choices like what to wear, if you go out or stay in, and what time you go to bed Choices like what to wear, if you go out or stay in, and what time you go to bed

Make a list or draw some of the choices you make in your life

You cant always get what you want! Other people have Rights too Other people have Rights too So you cant hurt them just to get what you want So you cant hurt them just to get what you want Sometimes you might hurt yourself Sometimes you might hurt yourself Your support staff have to try to keep you safe Your support staff have to try to keep you safe

Sometimes its hard to decide There might be a lot of things to think about There might be a lot of things to think about You might need help to understand You might need help to understand It might not be the right time or place It might not be the right time or place You might get worried or upset You might get worried or upset You might not have been allowed to make many choices before You might not have been allowed to make many choices before

To make a decision you must be able to Understand Understand Remember Remember

You also must be able to Think about the choices Think about the choices Weigh them up in your mind Weigh them up in your mind

And you must be able to Tell someone about your choice Tell someone about your choice

The Mental Capacity Act says... People with learning disabilities CAN decide People with learning disabilities CAN decide You must have support to understand You must have support to understand Its OK to make mistakes sometimes Its OK to make mistakes sometimes

Assessment If it is hard for you to choose, someone will do an assessment. This means checking what you need support with. It could be the Support Worker or Social Worker, or a Nurse or Doctor If it is hard for you to choose, someone will do an assessment. This means checking what you need support with. It could be the Support Worker or Social Worker, or a Nurse or Doctor Your Care Plan should say what support you usually need with making decisions Your Care Plan should say what support you usually need with making decisions

If you cant make a decision, other people who know you well must choose. This is called Best Interests If you cant make a decision, other people who know you well must choose. This is called Best Interests They must involve you and think what is important to you when they decide They must involve you and think what is important to you when they decide They might have a meeting They might have a meeting You may get an advocate (someone who speaks up for you) You may get an advocate (someone who speaks up for you) If they cant agree, the Court of Protection decides If they cant agree, the Court of Protection decides

Other ways the Law can help: If you cant choose for yourself... If you cant choose for yourself... You could choose who decides for you You could choose who decides for you Ask your Keyworker or Social Worker about Lasting Power of Attorney Ask your Keyworker or Social Worker about Lasting Power of Attorney This person could decide for you about things like your money or what support you get This person could decide for you about things like your money or what support you get

Thank you and good luck with your choices!

Rose Harwood Tel Mob © Images Copyright 2006 Photosymbols Ltd. All rights reserved