Mental Capacity Act (2005) by

Mental Capacity Act (2005) by https://padlet.com/kinga1_17/94sd2b04tkroihnz NR2116 en-us 2020-07-06 14:59:09 UTC 2025-12-28 18:26:28 UTC hello@padlet.com What is mental capacity? kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658253771
…the ability to make a decision about a particular matter at the time the decision needs to be made

MCA Code of Practice (2007)

]]> 2020-07-20 08:20:12 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658253771 Why do we need a Mental Capacity Act and when can it be used? kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658254515

•It allows people to plan for their own future.

•Offers legal protection for carers.

•Avoids exploitation.

•When there is doubt about decision making abilities and decisions need to be made or actions take.

]]> 2020-07-20 08:22:16 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658254515 Summary of MCA (2005) kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658255525 •Governs all matters – health and financial

•Tries to assert autonomy

•Can help to put measures in place before capacity is impaired

•Seeks best interest

•Ensures advocacy – IMCA

•Safeguards carers

]]> 2020-07-20 08:25:00 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658255525 Presumed Capacity kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658265379 •A person must be assumed to have capacity unless it is established that he/she lacks capacity

•A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do have been made without success

•A person is not be treated as unable to make a decision merely because he/she makes an unwise decision

•An act done, or decision made, for or on behalf of the person who lacks capacity must be done, or made in the person’s best interest

•Before the act is done, or the decision made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restricted of the personal’s rights and freedom of action

Brown et al (2015)

]]> 2020-07-20 08:48:17 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658265379 Principles of the MCA kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658266925 •Presumption

•Support

•Unwise/ Eccentric

•Best Interest

•Least Restrictive

]]> 2020-07-20 08:52:16 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658266925 The MCA (2005) kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658267428 •Protects and supports people who do not or will not have the ability to make decisions for themselves (covers those aged 16+ although there are exceptions)

•Recognises that capacity may be compromised by severe learning disability, dementia, acquired brain injury, long term substance use, stroke

•Empowers people to make as many decisions as possible for themselves both for now and in the future if capacity becomes compromised in the future

•Enables the individual to choose who can make future decisions for them if needed

•Advocacy – supports the work of the Independent Mental Capacity Advocate (IMCA)

•Offers carers legal support- liability

•Ensure decisions are “best interest”

•Your interventions for people need to be in their best interest not just “because”

•This is based on your judgement and understanding of reasonable

]]> 2020-07-20 08:53:31 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658267428 Two Stages when assessing capacity: kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658269165
For all assessments of capacity or as we will call it ‘supported decision making’ you will use a two stage assessment.

1: Does the individual have a condition that affects their cognition?

2: Is this affecting their ability to make decisions?

Always remember:

Each decision may require assessment

Capacity may fluctuate

NB: a diagnosis does not assume capacity/or lack of

]]> 2020-07-20 08:58:24 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658269165 Assess ability to make a decision kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658270059 •Does the person have a general understanding of what decision they need to make and why they need to make it?

•Does the person have a general understanding of the likely consequences of making, or not making, this decision?

• Is the person able to understand, retain, use and weigh up the information relevant to this decision?

•Can the person communicate their decision (by talking, using sign language or any other means)?

]]> 2020-07-20 09:01:03 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658270059 Assessing capacity to make more complex or serious decisions kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658270899 Is there a need for a more thorough assessment (perhaps by involving a doctor or other professional expert)? ]]> 2020-07-20 09:03:37 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658270899 Key Points kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658280539 2020-07-20 09:28:49 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658280539 Contents kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658282223 •Human Rights

•Consent to care and treatment

•Assessing Capacity (Supported Decision Making)

•Best Interest Decision Making

•Restraints & Restrictions

•Deprivation of Liberty

]]> 2020-07-20 09:32:41 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658282223 Human Rights kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658282399
Which human right, gives you the right to make your own

choices ?

The ECHR protects your essential rights, including the

rights to:

Article 1 : Obligation to respect human rights

Article 2: Right to life

Article 3: Prohibition of torture

Article 4: Prohibition of slavery and forced labour

Article 5: Right to liberty and security

Article 6: Right to a fair trial

Article 7: No punishment without law

Article 8: Right to respect for private and family life

Article 9: Freedom of thought, conscience and religion

Article 10: Freedom of expression

Article 11: Freedom of assembly and association

Article 12: Right to marry

]]> 2020-07-20 09:33:14 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658282399 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658283971 2020-07-20 09:37:56 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658283971 Consent to Care and Treatment kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658285015
Consider the following:

When do you require consent from the people you support?
What support do you need to provide if consent is going to be valid?

]]> 2020-07-20 09:40:45 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658285015 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658287814 2020-07-20 09:48:48 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658287814 Consent: Professional Roles kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658289499
To give valid consent or permission the person needs to have:

Information about the decision

Free choice to make the decision without being unreasonably pressured or forced

The Mental Capacity to be able to consent or refuse

To help someone to decide whether or not to consent we MUST EXPLAIN:

• why the care or treatment is needed

• the options available and what they entail.

• what is likely to happen if the person does consent

• what is likely to happen if the person refuses the care or treatment

We need to support the person on all occasions when their consent is required

]]> 2020-07-20 09:53:42 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658289499 INTRODUCTION kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658295522 " The Mental Capacity Act 2005 is a vitally important piece of legislation, and one that will make a real difference to the lives of people who may lack mental capacity. It will empower people to make decisions for themselves wherever possible, and protect people who lack capacity by providing a fl exible framework that places individuals at the very heart of the decision-making process. It will ensure that they participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. "
Lord Falconer ]]> 2020-07-20 10:09:54 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658295522 PRINCIPLE ONE kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658303028 Read the following statements and consider them in relation to principle one described below:

•“No one with dementia can look after any money”

•“All people with a learning disability lack capacity to make any decisions”

Incapacity cannot be simply based on:

•Appearance/ age/ gender/ condition/ diagnosis/ behaviour/ race…

•Incapacity to make other decisions

•An unwise decision

•Indecision

]]> 2020-07-20 10:33:25 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/658303028 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659138448

]]> 2020-07-21 10:25:40 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659138448 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659139214 2020-07-21 10:27:22 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659139214 PRINCIPLE TWO kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659139730
“A person is not to be treated as unable to make a decision unless all practicable steps to help him/her to do so have been taken without success”]]> 2020-07-21 10:28:57 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659139730 Principle Three kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659140273
“A person is not to be treated as unable to make a decision merely because he/she makes an unwise decision.”

https://www.youtube.com/watch?v=WbZWRiU9BSc

This video explains principle 3 of the Mental Capacity Act 2005. People have the right to make decisions that others might regard as unwise or eccentric. You cannot treat someone as lacking capacity for this reason. Everyone has their own values, beliefs and preferences which may not be the same as those of other people.

See also: SCIE's Mental Capacity Act resource http://bit.ly/1VzcD2q]]> 2020-07-21 10:30:53 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659140273 Resources kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659140628 https://www.nhs.uk/conditions/social-care-and-support-guide/making-decisions-for-someone-else/mental-capacity-act/

]]> 2020-07-21 10:32:06 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659140628 Principle Four kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659142566 Best interests: •No one can legally make best interest decisions arbitrarily
Deciding Best Interests
•The person’s future capacity – capacity can fluctuate

•Their past, present wishes and feelings

•Beliefs and values likely to influence their decision

•Other factors that the person would be likely to consider

•https://www.youtube.com/watch?v=uEMV6s90p9s

•

•https://www.youtube.com/watch?v=A_V8neVcSUE

]]> 2020-07-21 10:38:02 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659142566 Principle Five kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659151449 Least Restrictive
If making a decision in the patients best interests you must always choose the least restrictive option. ]]> 2020-07-21 11:03:59 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659151449 Best interest: kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659153431 Assessment to determine if an action (or decision) is in “Best interest”

•Not assume decision is based on age, appearance, condition (diagnosis) or behaviour

•Take account of personal opinions and beliefs

•Consider if decision can be postponed until person has capacity

•Involve person in the decision making

•Seek out views of others (perhaps family, friends, neighbours)

•Not be motivated by a wish to bring about the person’s death if the decision relates to life sustaining treatment

]]> 2020-07-21 11:11:03 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659153431 Deciding best interest: kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659153937 •The person’s future capacity – capacity can fluctuate

•Their past, present wishes and feelings

•Beliefs and values likely to influence their decision

•Other factors that the person would be likely to consider

•

•No one can legally make best interest decisions arbitrarily

]]> 2020-07-21 11:12:43 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659153937 Rights for vulnerable people in the care system kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659155866

]]> 2020-07-21 11:18:56 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659155866 The Bournewwod Judgement kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659156648 •A man with learning disabilities was deprived of his liberty

https://www.youtube.com/watch?v=pz5Ecovjs4w

Consequently:

•High Court

•European Court of Human Rights

Freedom can legally be taken away if:

•Mental capacity has been assessed and the assessment demonstrates a lack of capacity

•Restraint may be used to prevent harm, must be legally proven to be necessary

•There are many DoLS issues to be considered and decisions that restrict a person’s autonomy must be considered and legally justified

•The difference in practice between “least restrictive” and “deprivation” might be difficult to judge

]]> 2020-07-21 11:21:15 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659156648 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659158820 In July 2018, the government published a Mental Capacity (Amendment) Bill, which passed into law in May 2019. It replaces the Deprivation of Liberty Safeguards (DoLS) with a scheme known as the Liberty Protection Safeguards (although the term is not used in the Bill itself).]]> 2020-07-21 11:27:58 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659158820 Cheshire West (case law): The Acid Test: kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659161491 http://www.39essex.com/docs/newsletters/deprivation_of_liberty_after_cheshire_west_-_a_guide_for_front-line_staff.pdf

]]> 2020-07-21 11:33:56 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659161491 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659162996 2020-07-21 11:38:06 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659162996 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659164251 The coronavirus pandemic has the potential to cause harm to, and even the death of, a wide range of people. We also know that those most at risk from COVID-19 – older people, and people with existing long-term health conditions – are likely to be over-represented in the group of people whose rights and freedoms are protected by the Mental Capacity Act (MCA) 2005.

The MCA still applies, and the five principles on which it is based are as important as ever:

]]> 2020-07-21 11:41:41 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659164251 Useful documents kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659164857 Guidance for health and social care staff who are caring for, or treating, a person who lacks the relevant mental capacity ( Published 2020) ]]> 2020-07-21 11:43:39 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659164857 kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659165391 A framework to support the planning and organisation of adult social care during the coronavirus (COVID-19) outbreak.]]> 2020-07-21 11:45:23 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659165391 What are the implications of COVID-19 for DoLS? kinga1_17 https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659166366

There is a new, shorter application form which can be used for urgent DoLS authorisations.

Unless care regimes are more restrictive as a result of the pandemic, it is likely that any existing DoLS authorisations will be sufficient for care given during the crisis.

A reminder that life-saving treatment in a care home or hospital does not require a DoLS authorisation, providing the same treatment would be given to a person without a mental disorder. This applies to COVID-19 as it does to any other condition.

]]> 2020-07-21 11:48:26 UTC https://padlet.com/kinga1_17/94sd2b04tkroihnz/wish/659166366