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Staff are confident about using the Mental Capacity Act 2005, and use innovative ways to Best interests according to the Mental Capacity Act; Acts in connection with care or treatment; Lack of capacity and restraint; Care and treatment amounting to deprivation of liberty; Advance decisions refusing treatment; Patients lacking capacity and research; Lasting powers of attorney; Court of Protection and court appointed deputies; Independent mental capacity advocates @.SgqPj?xk?5!Ja0$]zS0Az1d>-u-uZ8ZZ_ poTfgQEuPmJ:$' 1GXo5;&uW`Fx}+|Qj(dV{uwx!-"i!OBH5M^xS>D6p|^m)[b_`Uw2KkqHRgslEE` Key principles of the Mental Capacity Act.. 3 3. (Principle 4, section 1(5) Mental Capacity Act 2005) When a person does not have capacity to make a decision, all actions and decisions taken by practitioners or their attorney or Court Appointed Deputy must be done or made in the person's best interests. 3 0 obj This principle covers all aspects of financial, personal welfare and healthcare decision- making and actions. legislation, as section 1 (s.1) of the MCA, with chapter 2 of the accompanying 2007 Code of Practice devoted to their application in practice. Best Interests Checklist. YT @:IJ bt^-x#6Y|ujqRo+g((^(s:z? Do not make any assumptions. It is set out in chapter 5 of the MCA Code and states that: "An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests." Best interests checklist. [*XUJ3iD4# 2Ie`8 ` 9U 4 Introduction The Mental Capacity Act provides a legal framework that clearly defines the procedure that must be followed when decisions need to be made that involve a person over sixteen years of age who may not have the capacity to make the decision for themselves. Five Guiding Principles 1) Presume capacity 2) Do all you can to support decision making 3) Do not conclude someone lacks capacity just because they make an unwise decision 4) If the person lacks capacity for a decision you must act in their best interest and 5) You must aim to choose the less restrictive option Three Assessments: Functional test: Mental Capacity Act 2005 - summary Introduction The Mental Capacity Act 2005 provides a statutory framework to empower and protect vulnerable people who are not able to make their own decisions. o@ The Mental Capacity Act, and the information in this guide, will only apply to you if you live in England or Wales. Consult all relevant people. endobj It applies to people aged 16 and over. ]6HF!~G!6NgGh[D/F1oy1on]mxxtpP|gf/n%1#'{a]43e8xDPDKy-%C$e-e:yR5 Unfortunately, there is no legal definition of best interest. <> endstream endobj 345 0 obj <>/Metadata 30 0 R/Pages 342 0 R/StructTreeRoot 71 0 R/Type/Catalog>> endobj 346 0 obj <>/MediaBox[0 0 595.32 841.92]/Parent 342 0 R/Resources<>/Font<>/Pattern<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI]/XObject<>>>/Rotate 0/StructParents 0/Tabs/S/Type/Page>> endobj 347 0 obj <>stream 3.4To build confidence among staff regarding how and when to assess someone's mentalcapacity, and how to make best interests decisions when necessary. If a person with capacity makes an unwise or eccentric decision this %PDF-1.5 It makes it clear who can take decisions, in which situations, and how they should go about this. F[hW"eIL/`:Le@(KY}$2sgU{;$]K% SZ%D73_uJdySsj\~c^fOnbm. Best Interests is a statutory principle set out in section 4 of the Mental Capacity Act. 'An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.' 344 0 obj <> endobj The Mental Capacity Act 2005 was introduced in recognition of the fact that people have the right to either make decisions for themselves or are facilitated to make decisions about their care, treatment or support. The Mental Capacity Act 2005 and its accompanying Codes of Practice continue to have a huge impact on mental health professionals working with some of the most vulnerable people throughout England and Wales. The Functional and Diagnostic Test .. 5 5. 2.A person is not to be treated as unable to make a decision unless all practicable to help him to do so have been taken without success. Capacity and Best Interest checklist. <>>> Health professionals and others must act in your best interests before taking certain steps that affect your care and treatment. as appropriate). It states that 'Any act done, or a decision made, under this Act or on behalf of a person who lacks capacity must be done, or made, in his best interests'. Consider all the information. 354 0 obj <>/Filter/FlateDecode/ID[]/Index[344 27]/Info 343 0 R/Length 66/Prev 299746/Root 345 0 R/Size 371/Type/XRef/W[1 2 1]>>stream hbbd``b`$jS/`b w xHXD/#sF & % unable to make a decision for themself in relation to the matter because of an impairment or disturbance in the functioning of the mind or brain 1 0 obj MENTAL CAPACITY ASSESSMENT (MCA) CHECKLIST by Alison Harrison By completing this checklist and answering 'Yes' to all questions (where applicable) you are complying with the Mental Capacity Act 2005. The 'best interests' principle underpins the Mental Capacity Act. 4 0 obj <>/ExtGState<>/XObject<>/ProcSet[/PDF/Text/ImageB/ImageC/ImageI] >>/MediaBox[ 0 0 595.32 841.92] /Contents 4 0 R/Group<>/Tabs/S/StructParents 0>> This is one of a series of resource materials for clinical ethics committees providing explanation and discussion of the sections of the Mental Capacity Act which arte particularly relevant to their work. endobj Principle 5 before the act is done, or the decision is made, regard must be had to @E0.b@xp@aHf_~6l>~K|2yl2/mj@[y~h>BJl%*zGN}4.M.lu=l:zw]-o6pOM)r/KJHnM?~~h"VOMU>aUD-(6x0^J18|q4bD%;> +MAtkQ)Y#Ys1UBUVEfE9-E_?duWQGfn4TosRn&0bH K G6BJ1"56!0QnN-oQ`VSI[;/c-^Vh%T/x09$b4 Principle 4 an act done or decision made, under the Act for or on behalf of a person who lack capacity must be done, or made in, the person best interests. xMk09iIP (a) whether it is likely that the person will at some time have capacity in relation to the matter in question, and (b) if it appears likely that he will, when that is likely to be. Mental Capacity Assessment visits.. 6 6. Appendix 3: Form 2 Best Interest Decision Making Checklist . Everyone must apply the five guiding principles of the Mental Capacity Act: An assumption of capacity; Supporting people to make their own decisions; People have the right to make eccentric or unwise decisions; Where someone lacks capacity staff must act in the person's best interests Lyne is programme leader for the 2 0 obj Consider past, present and future wishes. Somerset Best Interests Checklist June 2010 Page 3 of 4.

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