1. Legislation for People with ID

2. Mental Capacity Act A turning point in the statutory rights of people who may lack capacity. Lack of capacity may be because of LD, ASD, senile dementia, brain injury or temporary impairment.

3. How was it developed?

4. It was quite a lengthy process – long process of consultation 1989 - the law commission undertook a study – decision making on behalf of people who lacks capacity. 1995 – recommended there should be a single comprehensive piece of legislation making provisions for people who lack capacity 1997 – Green Paper 1999 – White Paper June 2003 – Draft Mental Incapacity Bill November 2003 - Pre-legislative scrutiny – widespread support June 2004 – MCA Bill introduced 2005 – In practice

5. The five principles of the Mental Capacity Act

6. 1)Presumption of capacity 2)Attempt all practical steps to help the patient understands 3)Unwise decision does not mean lack of capacity 4)Best interest 5)Least restrictive

7. MCA assessment 1)UNDERSTAND – pros and cons of decision in question 2)RETAIN – information for a reasonable length of time 3)WEIGH – all the information given 4)COMMUNICATE – the decision

8. Lacking Capacity – What next?

9. Valid Advanced Decision Best Interest – Professionals, Family / IMCA

10. Disagreement

11. -Between Professionals -Between Family members -Between Family & Professionals

12. -Mediation -Professional Meeting – Revisit concerns -Second Opinion -Advocate -Court of protection

13. THANK YOU