Mental capacity

• What is the mental capacity act 2005 


  A statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time where the may lack capacity
• who does it apply to

  all adults
• competence 


  the ability to make a decision
• What is the first key principle regarding decision-making capacity?


  Assume the person has capacity to make a decision themselves, unless it’s proved otherwise.
• Why is it important to help people make their own decisions?

  It promotes autonomy and respects individual rights.
• What should not be a reason to treat a person as lacking capacity?


  Making an unwise decision.
• What must be considered when making a decision for someone who lacks capacity?


  It must be in their best interest.
• What is the principle regarding the treatment and care of someone who lacks capacity?


  Treatment and care should be the least restrictive of their basic rights and freedoms.
• What are the 5 key principles regarding decision-making capacity?


  1. Assume capacity unless proven otherwise.
  2. Help people make their own decisions.
  3. Do not treat someone as lacking capacity for making unwise decisions.
  4. Decisions made for those lacking capacity must be in their best interest.
  5. Care should be the least restrictive of their rights and freedoms.
• Advance statement 


  A written statement that sets down a persons preferences, wishes, beliefs and values regarding their future care, it is not legally binding.
• advance decisions 


  a legally binding decision that allows soma legally binding decision that allows someone ages 18 or over to refuse specified medical treatment for a time in the future when they may lack capacity to consent to to refuse the treatment