Mental Capacity Act 2005

(redirected from Mental Capacity Act)
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Mental Capacity Act 2005

A UK Parliamentary Act which provides the statutory framework to empower and protect vulnerable people unable to make their own decisions, and clarifies who can make those decisions, in which situations and how they should go about it, as well as enabling people to plan ahead for a time when they may lose capacity.

The Act gives the state power to have a person lacking capacity, who is self-neglecting and becoming undernourished, to be admitted to hospital for treatment so long as their treatment in hospital does not amount to a deprivation of their liberty. The Act does not apply to any treatment for mental disorder—e.g., electroconvulsive therapy—being given in accordance with the rules about compulsory treatment set out in the Mental Health Acts 1983, 2007.

Mental Capacity Act, 5 key principles
• Presumption of capacity to make decisions unless clearly proven otherwise;
• The right for individuals to make their own decisions, unless they are clearly incapable;
• That individuals have the right to make what seem to be eccentric or unwise decisions;
• Anything done for people without capacity must be in their best interests; and
• Anything done for people without capacity should be the least restrictive of their basic rights and freedoms.
References in periodicals archive ?
An opportunity to gain best practice guidance on meeting the requirements of the Mental Capacity Act and ensure that individuals feel empowered in the support they receive.
Howard was convicted of ill-treating the victim under section 44 of the Mental Capacity Act 2005.
The Deprivation of Liberty Safeguards is an amendment to the Mental Capacity Act 2005.
It also said that staff "did not have an understanding of the Mental Capacity Act of 2005 and were unsure of their responsibilities".
These must be consistently and conscientiously applied, with the wellbeing of adults and children at the heart of everything, and including them in decision making, according to the Mental Capacity Act (which applies from aged 16 years).
The Mental Capacity Act was created to protect victims such as Norah and give people without capacity a voice.
Wilful neglect" is only a criminal act if patients lack capacity as defined by the Mental Capacity Act 2005.
DEMENTIA SUPPORT WORKER A Under the Mental Capacity Act of 2005 it is deemed that to have capacity a person should be able to understand the information, retain that information and weigh up the information and communicate their decision.
It is believed to be modelled on a law introduced under the 2005 Mental Capacity Act, under which negligent care workers can be punished with up to five years in jail.
Since the introduction of the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) in the UK six years ago, professionals have worked with people with diminished mental capacity in entirely new ways, including in assessment, clinical care, and long-term disposition.
He defends this claim by looking at the different criteria for decisional capacity used in the Mental Capacity Act.
Your attorneys must follow the guidelines set out under the Mental Capacity Act 2005 when making decisions on your behalf and each decision must be made in your best interests.