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“It helps us to give people something concrete that they can work with”: Early views of local Alzheimer's Society staff of the Mental Capacity Act 2005 Jill Manthorpe Kritika Samsi King’s College London EviDEM Mental Capacity Act study EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Outline of presentation Background Research questions Recruitment & participants Findings Implications EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Background Mental Capacity Act (MCA) 2005 – implemented 2007 in England & Wales MCA enables people to plan and make views known, should loss of capacity to make own decisions occur Additional safeguards of new offences and requirements to abide by Code of Practice Investment in rollout by Department of Health and locally EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Research questions What is Alzheimer’s Societies’ staff understanding of the MCA? Early experiences and expectations What is their role in information, advice, advocacy and support? How does the MCA affect their role? EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Recruitment & Participants Range of AS groups in North London region Confidentiality and anonymity assured Qualitative interviews with 9 AS representatives conducted 45 minutes – 1 hour EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Findings Four main themes identified: Participants aware but varied knowledge See MCA as enhancing rights Concerns about cost and complexity Information, some advice, less advocacy EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Varied knowledge Different exposure and training Thought they should be better than they were “I must say it was a bit dry and a bit difficult to concentrate, you know, obviously some of it stuck but not an awful lot I am afraid,..both of my senior staff were supposed to go on training but one was sick on the day…” – AS1, branch manager EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) MCA enhances rights Of people with dementia to specify preferences and plans in advance Carers’ role was more clarified as the decision-maker of choices with the best interest of their relative at heart “I think it gives people choice…it allows people to make plans, It does help professionals to know what people want, it gives them an insight… And it gives (carers) a little bit more security of what they are doing..” – AS8, Development manager EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Cost and complexity Related to Lasting Power of Attorney Complexity meant not always able to assist them anymore Signposting to legal practitioners common Not aware of cost going down “Problems with solicitors, the Lasting Power of Attorney forms require a lot more information than the old Enduring Power of Attorney did and certification and everything else, and so a lot of solicitors are now doing it. Locally we are finding very few people who we can signpost to. The charges have gone up” – AS9, Manager EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Information, some advice, less advocacy Mainly around LPA, less around other features Very little around safeguarding measures More information than advice Advocacy not developed Little work with ‘hard to reach’ groups EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) “Local care managers are just not able to get a grip of the Act; lots are agency workers and do have a lot of paperwork to do – they can perceive our advocates as aggressive, [I] don’t mind because I know they are doing their job” – AS9, Manager EVIDEM www.evidem.org.uk www.evidem.org.uk
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Jill Manthorpe and Kritika Samsi EviDEM MCA study (2007 - 2012) Implications Recognise potential of MCA but uncertain Limited engagement with local implementation networks If initial training missed… what then? Need for regular updating on training of MCA – eg. cost decreasing with greater use Audit tools being developed by DH & SCIE – might be useful EVIDEM www.evidem.org.uk www.evidem.org.uk
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Thank you Further information: kritika.1.samsi@kcl.ac.ukkritika.1.samsi@kcl.ac.uk This study is funded by the NIHR see www.evidem.org.ukwww.evidem.org.uk EVIDEM www.evidem.org.uk www.evidem.org.uk
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