Level 2 Mental Capacity Act Training
What is the Mental Capacity Act 2005 summary?
The Mental Capacity Act came into force in England and Wales in 2007. It applies to anyone aged 16 and over in the UK and provides a legal framework for acting and making decisions on behalf of individuals who lack mental capacity. It also makes it possible for individuals to plan ahead and make arrangements about their care, finances and health in case they can no longer make decisions for themselves.
The Mental Capacity Act introduced the following changes: • there must always be a presumption of capacity
a single clear test for capacity
a check list of key factors that helps to determine what is in the ‘best interests’ of the person lacking capacity
the creation of Advance Directives and Lasting Power of Attorney
clarification about the actions to be taken if a person lacks capacity
an obligation to consult those caring for an adult at risk of harm who lacks capacity about decisions affecting that person
an independent mental capacity advocate will only be consulted in special circumstances and where there is no other appropriate person who can be consulted
a new criminal offence of ill treatment or wilful neglect of people who lack capacity will be created
creation of a new Court of Protection and Public Guardian
The Act acknowledges that capacity might fluctuate and that because a person might lack capacity to make a decision about one particular part of their life, this does not necessarily mean that they lack capacity to make all decisions. Therefore, the Act applies to situations where a person may be unable to make a particular decision at a particular time and that assessments of capacity must be time and decision specific.
The Deprivation of Liberty Safeguards (DoLS) are an extension of the Mental Capacity Act and provide legal protection for people who lack capacity to consent to care and/or treatment in a care home or hospital but who need such care or treatment in their own best interests to protect them from harm and can only be provided with that care or treatment in circumstances that amount to deprivation of liberty.
They are distinguished from people who suffer from mental health problems and are being treated under the Mental Health Act 1983. The Deprivation of Liberty Safeguards come into statutory force in April 2009. For further information – research ‘The Bournewood Case’.
The Mental Capacity Act 2005
This applies to children who are 16 years and over. Mental capacity is present if a person can understand information given to them, retain the information given to them long enough to make a decision, can weigh up the advantages and disadvantages of the proposed course of treatment in order to make a decision, and can communicate their.
The deprivation of liberty safeguards within the Mental Capacity Act 2005 (MCA) do not apply to under 18s. Capacity and consent in 16 and 17 year olds Once children reach the age of 16, they are presumed in law to be competent. In many respects they should be treated as adults and can give consent for their own treatment, and refuse, including admission to hospital. Parents cannot override consent or refusal from a competent 16/17-year-old.
Neither can they consent on behalf of their competent 16/17-year-old. However, the Department of Health recommends that it is good practice to encourage children of this age to involve their families in decisions about their care, unless it would not be in the child’s interests to do so.
What does it mean to act in someone's best interest?
the word ‘statutory’ means the use of the checklist is mandatory except in an emergency
‘best interests’ are highly personal and holistic, rather than just ‘medical’ or practical
relatives are not decision-makers, unless they have been given powers under an LPA or deputyship (these powers will be explained later)
‘Next of kin’ is a phrase that gives no legal powers to make decisions or sign consent forms
recording the use of the check-list is not necessary for every day decisions, but must where relevant form the basis of the care plan
point out to delegates how intuitive this list is: it is what we would want for ourselves or those we love
the full list is in the code of practice, but the important thing is to try to find out what is important to this individual – it is not what others want if they were in their circumstances!
What do learners receive?
· Course notes
Number of Attendees
Attendees minimum 6 to maximum 15
This training course is available as in-house training at a venue of your own choice throughout the UK.
All delegates will receive an Advantage accredited certificate
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