Mental Capacity Act, 2005

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  • Mental Capacity Act, 2005
    • designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment.
      • Examples of those who may need the Mental Capacity Act
        • People that suffer with dementia
        • Severe learning difficulty
        • Brain injury
        • Mental health condition
        • Stroke
    • It is a law that applies to individuals aged 16 and over.
    • What do they say?
      • Everyone has the right to make his or her own decisions.
      • Health and care professionals should always assume an individual has the capacity to make a decision themselves, unless it is proved otherwise through a capacity assessment
      • Individuals must be given help to make a decision themselves. This might include, for example, providing the person with information in a format that is easier for them to understand.
      • Treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms possible, while still providing the required treatment and care
    • Strengths
      • Helps those to make decisions they may not be able to make themselves
      • Prevents individuals from making the wrong decisions
      • Encourages participation to the individuals
      • Makes individuals feel valued
      • Procedures Help Make Sure People Are Not Detained Unnecessarily Or Without Good Reason
    • Weaknesses
      • Can make individuals feel intimidated and worthless
      • Patients Can Only Take Action If They Know They Can - May Not Have Much Knowledge On Legislation That Applies To Them - Knowledge & Information
      • Patients May Not Be Aware Of Rights And What Options Or Services Are Available To Them
      • Patients May Be Disadvantaged By Mental Capacity - Language and Cultural  Understanding
    • How it can be used within different care settings
      • Care home
        • Elders are entitled to make their own decisions, staff should not make the decisions for them unless they suffer from a mental impairment where they cannot do so
      • Hospital
        • Individuals who may have had a severe accident, will have an advocate to support their decisions whilst they are in a vulnerable state in hospital.
      • Primary School
        • This legislation can be used by allowing children to make their own decisions, rather than teachers dominating their actions.


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