1. Health and Social Care Training Mental Incapacity Act 2005 Awareness

2. Aims This session will look at the Mental Incapacity Act (2005) It will give you an awareness of the main changes At the end of the session you will be able to summarise the main changes You will also demonstrate an understanding of the key terms detailed in the Act and what they mean

3. Introduction The introduction of the Mental Capacity Act firms up the past and current situation for ‘decision making’ and ‘mental capacity’ The Mental Capacity Act (2005) is a law of statute Prior to the implementation of this Act matters relating to mental capacity were covered by ‘common law’

4. The Influences on Care The Mental Capacity Act 2005 gives people: Power to influence the type of care they want in the future And to ensure their wishes are carried out

5. What is Mental Capacity? Mental capacity means …….. Being capable of making decisions

6. Who Does the Mental Capacity Act Apply To? The Act applies to:  People in England and Wales  Adults and young adults aged 16 and over

7. What Will the Mental Capacity Act Do? The Act introduced changes to:  Help people to make their own decisions  Protect people who cannot make their own decisions

8. Lacking Capacity Lacking capacity means:  The inability to make decisions

9. Who Else Does the Act Apply to? The Mental Capacity Act also gives guidance to: People who want to help a person to make their own decisions People who need to decide whether a person is “lacking capacity” People who need to decide what to do if a person cannot make a decision

10. What Things Does the Act Introduce? New Lasting Powers of Attorney and deputies A Court of Protection An Office of the Public Guardian A new criminal offence An Independent Mental Capacity Advocate service A Code of Practice

11. Lasting Power of Attorney (LPA) A legal document for people unable to make certain decisions The person will put down in writing who they want to make these decisions for them The ‘attorney’ must act in the best interests of the person nominating them

12. Background Information Before the Mental Capacity Act: People could assign a nominated person to act on their behalf for matters regarding property and money This is called an Enduring Power of Attorney (EPA) The ‘attorney’ must act in the best interests of the person nominating them

13. What Differences Are There? The new Lasting Power of Attorney (LPA) allows the nominated person to make decisions about a person’s:  Health  Welfare  Property  Money As opposed to just property and money (Enduring Power of Attorney)

14. Can Anyone Nominate a Power of Attorney? A person can only nominate an attorney if their mental capacity is such that they: Understand what the document means, and How it will affect them

15. Lasting Powers of Attorneys and Deputies Deputies can be appointed by the Court of Protection in the following circumstances: A person can make some decisions but not others The Court feel that the appointment of a deputy is in the person’s best interests The ‘deputy’ must act in the best interests of the person nominating them

16. Lasting Powers of Attorneys and Deputies The Court of Protection has a record of the type of decisions the deputy can make and what they are not allowed to do This will be different for different people Deputies cannot be appointed if a person has already signed a Lasting Power of Attorney (LPA) – it is ‘either’ ‘or’ – not both

17. Single Order of The Court People who have neither a Lasting Power of Attorney (LPA) nor an appointed Deputy can still get help with decision making If there is only one decision to be made the Judge presiding over the Court of Protection will make a “single order of the court”

18. Public Guardian The Mental Capacity Act introduced a new Public Guardian This ‘guardian’ will monitor decisions made by a ‘deputy’

19. Criminal Offence There are already standards and principles that care workers should adhere to These are covered by National Minimum Standards and the values and principles of the Care Value Base The Mental Capacity Act means that from April 2007 it is a criminal offence for anyone to mistreat a person lacking capacity and for whom they provide care

20. Independent Mental Capacity Advocate Service (IMCA) Available from April 2007 Brought into being to help those people who may not have people around them to help with important decisions they need to make

21. Independent Mental Capacity Advocate Service (IMCA) This advocacy service will help with issues involving health services, social services and housing departments E.g.  Medical treatment decisions  Going into hospital  Going into a care home

22. Code of Practice Care professionals are already familiar with various Codes of Practice The Mental Capacity Act introduces a Code of Practice

23. Summary The Mental Capacity Act 2005 put together into one statute various matters relating to capacity that were previously interpreted from common law The Act firms up areas that were previously open to interpretation The Act safeguards the best interests of people with a mental incapacity

24. References www.dca.gsi.gov.uk www.doh.gov.uk