35 Principles of the Mental Capacity Act (MCA) 2005 Assume CapacityHelp people have capacity in all practical ways before deciding they don’t have capacityPeople are entitled to make unwise decisionsDecisions for people without capacity should be in their Best InterestsDecisions for people without capacity should be the least restrictive possiblenote, just because a person lacks capacity to make one decision, it doesn’t mean they lack capacity to make all decisions. An assessment of capacity should relate to the specific issue under consideration
4(1) Presumption of Capacity Every adult has the right to make his/her own decisions and must be assumed to have capacity to do so unless proven otherwiseThis means you cannot assume that someone cannot make a decision for themselves just because they have a particular medical condition or disability
5(2) Individuals being supported to make their own decisions A person must be given all possible help before anyone treats them as not being able to make their own decisionsThis means you should make every effort to encourage and support people to make the decision for themselvesIf lack of capacity is established it is still important that you involve the person as far as possible in making decisions.
6(3) Unwise DecisionsPeople have the right to make decisions that others might regard as unwise or eccentricYou cannot treat someone as lacking in capacity for this reasonEveryone has their own values, beliefs and preferences which may not be the same as those of other people.
7(4) Best interestsAnything done for or on behalf of a person who lacks mental capacity must be done in their best interests personPerson who has to make the decision is known as the decision-maker ad normally will be the carer responsible for day to day care or professional such as doctor, nurse, social worker where decisions about treatment, care and arrangements or accommodation need to be made.
8(5) Less Restrictive Option Someone making a decision acting on behalf of a person who lacks capacity must consider whether it is possible to decide or act in a way that would interfere less with the person’s rights and freedoms of action, or whether there is a need to decide to act at all.Any intervention should be weighed up in the particular circumstances of the case.
10Assessing capacityShould be assessed by (a) anyone caring for patient, (b)health/social care and/or (c) if complex- GP/psychiatrist2 stage assessment ;1. Is there disturbance/impaired function of mind/brain?2. does this cause a lack ofcapacity to make decision?
11Assessing capacity (CURB) Communication- best setting/environment? Hearing aid?Understand information given to them?Retain the information long enough to be able to make the decision?Balance/weigh up the information available to make the decision? (risk/benefits) andcommunicate their decisionwithout coercion
12Lacking Capacity? Best interest Before best interest does patient have;IMCAAdvance decisionPersonal welfare lasting power of attorneyCourt appointed deputyBest interest meetingTreat as individual
13Considerations in best interest All relevant circumstances related to any decisionFluctuating capacity? Likely to regain capacity? Can it wait until they regain capacity?Patients wishes and feelings? Whether expressed or writtenBeliefs and values includingcultural and religious
14Were you paying attention? First row, two from left – what is the 1st principle of the Mental Capacity Act?A: Presumption of capacity2) Back row, 1st of right – what is the most important of the principles to you and why?A: no wrong answer3) Middle row, middle person – what test as GPs can we use to test capacity?A: CURB