Mental Capacity Act

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

Mental Capacity Act Overview April 2007 April 2007 Principles of decision making and capacity. Principles of decision making and capacity. Independent Advocates (IMCA’s)‏ introduced to support people without capacity or representation. Independent Advocates (IMCA’s)‏ introduced to support people without capacity or representation.

Mental Capacity Act Overview October 2007 introduced the changes to power of attorney and court of protection. October 2007 introduced the changes to power of attorney and court of protection.

Mental Capacity Act Overview The Act will be amended shortly to implement the Deprivation of Liberty Safeguards. ( Bournewood Decision)‏

Mental Capacity Act Overview Principles of the Act are: Principles of the Act are: An assumption of capacity An assumption of capacity All steps practicable are taken to help a person make a decision All steps practicable are taken to help a person make a decision Unwise decisions do not mean a lack of capacity Unwise decisions do not mean a lack of capacity

Mental Capacity Act Overview Main aspects of the act : Main aspects of the act : Adults have full legal capacity to take decisions unless proved otherwise Adults have full legal capacity to take decisions unless proved otherwise Decision on behalf of a person lacking capacity must be taken in their best interest. Decision on behalf of a person lacking capacity must be taken in their best interest.

Mental Capacity Act Overview The Act covers a wide range of decisions for people lacking capacity including: The Act covers a wide range of decisions for people lacking capacity including: Any change of accommodation lasting more than 8 weeks (Mental Capacity Act Chapter39) Any change of accommodation lasting more than 8 weeks (Mental Capacity Act Chapter39) Any serious medical treatment (Code of Practice chapter 6)‏ Any serious medical treatment (Code of Practice chapter 6)‏

Mental Capacity Act Overview Principles of the Act are: Principles of the Act are: Decisions around capacity must be made in the best interests of the person Decisions around capacity must be made in the best interests of the person A Decision must be the least restrictive option. A Decision must be the least restrictive option.

Main Capacity Act Overview The Code of Practice: The Code of Practice: states that there must be evidence of an impairment or disturbance affecting capacity states that there must be evidence of an impairment or disturbance affecting capacity sets out a process to determine this. sets out a process to determine this.

Mental Capacity Act Overview Does the person have an impairment that could potentially affect capacity? Does the person have an impairment that could potentially affect capacity? Does the impairment prevent the person making a decision when required. Does the impairment prevent the person making a decision when required.

Mental Capacity Act Overview Is it likely that the person will regain capacity? Can a decision be put off until then? Is it likely that the person will regain capacity? Can a decision be put off until then? What is in the best interests of the person? What is in the best interests of the person?

Mental Capacity Act Overview What would have been the likely decision, prior to the loss of capacity? What would have been the likely decision, prior to the loss of capacity? An advanced decision if valid and applicable to the decision necessary will override any other decisions. An advanced decision if valid and applicable to the decision necessary will override any other decisions.

Mental Capacity Act Overview There are four stages for determining capacity. They are… There are four stages for determining capacity. They are…

Mental Capacity Act Overview 1. The person must be able to understand information provided. 1. The person must be able to understand information provided.

Mental Capacity Act Overview 2.The person must be able to feedback their understanding of the information given. 2.The person must be able to feedback their understanding of the information given.

Mental Capacity Act Overview 3. The person must be able to weigh up the options and choices. 3. The person must be able to weigh up the options and choices.

Mental Capacity Act Overview 4. The person must be able to communicate their decision back. 4. The person must be able to communicate their decision back.

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

Mental Capacity Act Overview All relevant parties should be consulted in terms of determining capacity. All relevant parties should be consulted in terms of determining capacity. The decision should not be motivated by the prospect of bringing about the person’s death. The decision should not be motivated by the prospect of bringing about the person’s death.

Mental Capacity Act Overview Changes to Power of Attorney and Court of Protection were brought in from October 2007 Changes to Power of Attorney and Court of Protection were brought in from October 2007 A new office for Public Guardian brought into being to register and monitor Power of Attorney. A new office for Public Guardian brought into being to register and monitor Power of Attorney.

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

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

Mental Capacity Act overview As far as is practical and appropriate. As far as is practical and appropriate. Any advance decisions made by the person when they had capacity must be taken into account. Any advance decisions made by the person when they had capacity must be taken into account.

Mental Capacity Act Overview The Court of Protection is the decision maker of last resort when: The Court of Protection is the decision maker of last resort when: There is disagreement over a best interest decision. There is disagreement over a best interest decision.

Mental Capacity Act Overview  A person has a serious decision to be made around welfare or finance

Mental Capacity Act Overview