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Mental Health & Ageing 2008 Capacity – Competence - Consent 13 November 2008 Stephen King.

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Presentation on theme: "Mental Health & Ageing 2008 Capacity – Competence - Consent 13 November 2008 Stephen King."— Presentation transcript:

1 Mental Health & Ageing 2008 Capacity – Competence - Consent 13 November 2008 Stephen King

2 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

3 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

4 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

5 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

6 MCA 2005 – Legal Concepts Assault, battery, trespass to the person Consent Renders lawful what would otherwise be an unlawful act

7 MCA Legal Concepts Section 5 statutory defence provided: Reasonably believe incapacitated Act in best interests Restraint is proportionate

8 Legal Concept or New Philosophy? Best interests Least restrictive Participation/support Mental Health Act 2007 – Respect!

9 Planning around the MCA 2005 Think ahead Break taboos Train staff/carers/citizens Record assessments Consult

10 CORPORATE SERVICES INSURANCE PRIVATE CLIENT REAL ESTATE PUBLIC LAW B I R M I N G H A M C A M B R I D G E L E E D S L O N D O N M A N C H E S T E R N O R W I C H Telephone: Mills & Reeve LLP is a limited liability partnership regulated by the Solicitors Regulation Authority and registered in England and Wales with registered number OC Its registered office is at Fountain House, 130 Fenchurch Street, London, EC3M 5DJ, which is the London office of Mills & Reeve LLP. A list of members may be inspected at any of the LLPs offices. The term partner is used to refer to a member of Mills & Reeve LLP.


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