Mental Capacity Act 2005 K. Nichols 2013. Mental Capacity Act 2005  The Mental Capacity Act 2005 provides a statutory framework to empower and protect.

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Presentation transcript:

Mental Capacity Act 2005 K. Nichols 2013

Mental Capacity Act 2005  The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. K. Nichols 2013

Mental Capacity Act 2005  It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. K. Nichols 2013

Mental Capacity Act 2005  Guidance on the Act will be provided in a Code of Practice. K. Nichols 2013

Mental Capacity Act 2005  Q:What is a code of practice?  People who are placed under a duty to have regard to the Code include those working in a professional capacity e.g. doctors and social workers. K. Nichols 2013

Mental Capacity Act 2005  The whole Act is underpinned by a set of five key principles 1. A presumption of capacity - every adult has the right to make his or her own decisions and must be assumed to have capacity to do so unless it is proved otherwise K. Nichols 2013

Mental Capacity Act The right for individuals to be supported to make their own decisions - people must be given all appropriate help before anyone concludes that they cannot make their own decisions; K. Nichols 2013

Mental Capacity Act That individuals must retain the right to make what might be seen as a unwise decisions; K. Nichols 2013

Mental Capacity Act Best interests – anything done for or on behalf of people without capacity must be in their best interests; K. Nichols 2013

Mental Capacity Act Least restrictive intervention – anything done for or on behalf of people without capacity should be the least restrictive of their basic rights and freedoms. K. Nichols 2013

Mental Capacity Act K. Nichols 2013

Mental Capacity Act 2005  There are three safeguards to protect and support people who lack capacity to make their own decisions:  The Court of Protection (Court)  The Public Guardian  The Independent Mental Capacity Advocate (IMCA) K. Nichols 2013

Task  Using class notes and handout, I want you to write for 10 minutes on the Mental Capacity Act 2005  State advantages and disadvantages K. Nichols 2013