Mental Capacity Act 2005 - Amazon Web Services

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					Mental Capacity Act 2005
     What are we doing?
 Discussing the principles of the Act
 Exploring what is meant by the term ‘Best
 Completing the Capacity Assessment
 Practicing alternative scenarios
 Recording our Assessments
 Sharing our record keeping with each
      How we will know that
    learning has taken place?

 We will be able to complete a Capacity
  Assessment by using the checklist
 We will be able to record the Assessment
  on ecpa
 We will be able to plan care for a person
  who lacks capacity.
What do you know about the
   Think about when we
    might use it?
   Consider what we
    might use it for?
   What does it help us
    to decide?
   Who can determine
   How do we actually
    decide it?
Principles of the Act
 A person must be assumed         An act done, or decision
  to have capacity unless it is     made, under this Act for or
  established that he lacks         on behalf of a person who
  capacity                          lacks capacity must be
 A person is not to be             done, or made, in his best
  treated as unable to make         interests.
  a decision unless all            Before the act is done, or
  practicable steps to help         the decision is made,
  him to do so have been            regard must be had to
  taken without success.            whether the purpose for
 A person is not to be             which it is needed can be
  treated as unable to make         as effectively achieved in a
  a decision merely because         way that is less restrictive
  he makes an unwise                of the person's rights and
  decision.                         freedom of action.
    What is meant by ‘Best
 What can you choose     If you were
  for yourself?            incapacitated who
 How do you make          would you like to
  those choices?           choose for you?
 What would you hate     How should we
  for others to choose     protect you from
  for you?                 other people making
 What do you take for
                           choices you would
  granted?                 hate?
       Determining Capacity?
      Does the service-user
         understand the

Enough information should be
given for the person to make a
decision, including alternatives. It
should be explained in a way they
can understand.
 The amount of information to be
given should be proportional to
the complexity of the task.

   Understanding is
    a concept

   What can you
    see in this
How about these?
        Capacity Checklist
   What factors can get in the way of
Capacity Checklist
   Can they retain the
   There is no legal
    guidance on amount
    of information that has
    to be retained, or for
    how long. It is useful
    to ask the service-user
    to explain how they
    reached their decision.
         Capacity Checklist
   Can they make a
    balanced decision?

Can the service-user weigh
up the pros and cons and
reach a balanced decision.
Their decision can be
illogical/irrational or
against advice, but it is
whether they have used a
balanced process in their
         Capacity Checklist
   Can they communicate
    that decision to you?

Can you determine
evidence of them making
the decision of their own
free will, without

If all four are answered
yes then regardless of
outcome the person is
deemed to have capacity
Try it out yourselves
 In two’s practice     Could they spend all
  assessing your         their life savings on
  partner.               an Audi A7 Sport
 Ask them questions     back, rather than
  and determine          putting the deposit
  whether they have      on a house?
  capacity              Could they decide
                         whether to have a
                         facial tattoo?
Completing the paperwork
   What else to
   Temporary or
   Previous wishes
   Family and carer
   IMCA
        ON ECPA
Myself and the ward manager have spent time with Joe blogs to ascertain
whether he has the capacity to spend his life savings on a new car. He was
unable to recall the content of the conversation and had to be reminded of
the question that we posed on several occasions; his short term memory is
extremely impaired and his recall is poor.. He was unable to communicate
back to us a rational for wanting the car and he did not appear to
understand the consequences of his spending in terms of his future
security. He appeared to have no barriers to communication in terms of
language or hearing and so we believe that his capacity to make this
decision is impaired due to his cognition. We completed a MMSE as part of
the assessment and he scored 19 out of 30.He was not orientated to time
and place and his recall was poor. He will be unable to drive due to these
impairments at the present time and so our recommendation was that it
was in his best interest that this particular purchase is deferred. We have
completed the best interest assessment and we felt that because his
capacity may only be impaired temporarily that we will diary forward to
discuss this again within the time frame specified.
Recording capacity
   Myself and the ward manager spent time with Joe
    today as several staff have approached us stating
    Joe’s intention to purchase an Audi. He is aware that
    due to the expense of this purchase that his savings
    will be depleted and he understands that the costs of
    insurance and petrol will be prohibitive, which is why
    he is looking for a second hand model to limit
    depreciation. He understands that he will have no
    money left to put towards his future but he has
    decided not to return to University in September and
    instead move in with his friends locally until he finds a
    job. He was able to articulate his needs and he
    appears to have thought about all the potential
    benefits and problems with such an expensive
    purchase. We feel that this has been considered and
    communicated to us thoroughly and that Joe has
    capacity to make this decision at this time. We have
    completed a best interest assessment for his notes.
          What other
          decisions could
          be viewed this

Alternative uses?

   Physical Intervention
   Refusing treatment          Mental capacity Act 2005
   Contraception              
   Breaking confidentiality     ukpga/2005/9/contents
   DOLS

                                    Bournewood Enquiry
   What have we learned?

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