Mental Capacity Act, 2005
- Created by: jesswalton888
- Created on: 19-10-17 11:21
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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
- Examples of those who may need the Mental Capacity Act
- 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.
- Care home
- designed to protect and empower individuals who may lack the mental capacity to make their own decisions about their care and treatment.
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