Presentation on theme: "Mental Health & Ageing 2008 Capacity – Competence - Consent 13 November 2008 Stephen King."— Presentation transcript:
Mental Health & Ageing 2008 Capacity – Competence - Consent 13 November 2008 Stephen King
Introduction to the Day Mental Capacity Act - legal concepts Principles and practicalities Role and experience of the IMCA Deprivation of liberty Old age psychiatry/learning disability interface Panel and closing sessions
Mental Capacity Act 2005 A framework! For those who cannot make decisions for themselves For those who want to prepare for a time when they cannot make decisions for themselves
Mental Capacity Act 2005 Code of Practice – Statutory Force Attorney under a Lasting Power of Attorney Deputy appointed by Court of Protection Independent Mental Capacity Advocate Carry our research Acting in a professional capacity In paid work for those lacking capacity
Mental Capacity Act 2005 Definition of capacity/incapacity Impairment of mind or brain Inability to make decision at time needs to be made Presumption of capacity Act in force October 2007
MCA 2005 – Legal Concepts Assault, battery, trespass to the person Consent Renders lawful what would otherwise be an unlawful act
MCA Legal Concepts Section 5 statutory defence provided: Reasonably believe incapacitated Act in best interests Restraint is proportionate
Legal Concept or New Philosophy? Best interests Least restrictive Participation/support Mental Health Act 2007 – Respect!
Planning around the MCA 2005 Think ahead Break taboos Train staff/carers/citizens Record assessments Consult
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