Unit 503: Champion equality, diversity and inclusion The Mental Capacity Act

What is it? The Mental Capacity Act 2005 provides a framework for empowering and protecting people who lack capacity to make some decision for themselves. It also ensures that those who do have capacity to make decision are empowered to do so.

There are five key principles to the Act Every adult has the right to make decisions and it must be assumed they are able to do so unless proved otherwise. All practical help must be made available to help a person make a decision before a decision is made that they are unable to do so. An individual may make what seems to be an unwise decision. This does not mean they are lacking the capacity to decide Anything done for or on behalf of a person who lacks capacity must be in their best interests Anything done for or on behalf of a person who lacks capacity must adopt the least restrictive approach.

Two stage test for capacity There is a two stage test for capacity Does the individual have an impairment or disturbance in the functioning of their brain or mind? Is the impairment or disturbance sufficient to show that the person lacks capacity to make a decision?

Making decisions The Mental Capacity Act says that individual is deemed unable to make their own decision is they cannot do all or some of the following: understand information given to them retain that information long enough to be able to make the decision weigh up the information available to make the decision communicate their decision in any way.

Making decisions Every effort must be made to assist people before a decision is reached that they lack capacity.

Lasting Powers of Attorney (LPAs) This allows people over the age of 18 to formally appoint one or more people to look after their health, welfare and/or financial decisions, if at some time in the future they lack capacity to make those decisions for themselves.

Court of Protection and Deputies This is a public official whose role is to protect people who lack capacity and to supervise those making decisions on their behalf.

The Public Guardian The role of the Public Guardian is to protect people who lack capacity from abuse. They supervise the deputies appointed by the court of protection.

Independent mental capacity advocate (IMCA) IMCAs are a statutory safeguard for people who lack capacity to make some important decisions and have no family or friends to represent them. IMCAs may also represent individuals in cases of abuse and harm.

Deprivation of Liberty Safeguards These were introduced to the MCA via the Mental Health Act 2007. They provide a framework for approving the deprivation of liberty for those who lack capacity to consent to treatment or care in a hospital or care home.

The Code of Practice This provides practitioners with guidance on best practice on the interpretation and working of the Mental Capacity Act. A copy can be obtained from The Office of the Public Guardian. http://www.publicguardian.gov.uk

Assessment of decision making An individuals capacity to make a decision must be assessed at the time the decision needs to be made. An assessment that a person lacks capacity for one decision does not mean that they will always lack capacity for every decision.

An example An example could be someone who has a sudden accident or injury and is unable to make a decision about treatment at the time but recovers and can make decisions at a later date regarding on-going treatment.

Questions How does the Act impact on the delivery of service in your area of work? How do issues of capacity affect the ability of individuals using your service to make an informed choice?