Mental Capacity Act 2005


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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 ?
Communication, protection and dignity of clients--all staff will need to adhere to the Equality Act 2010 and Mental Capacity Act 2005 when testing.
The mental capacity act 2005 makes it a legal requirement for a person lacking mental capacity to have independent advocacy when there are no known relatives or friends who it would be appropriate to consult.
The home, where 27 older people are cared for, was not compliant with the Mental Capacity Act 2005.
Other problems included: | Concerns around the way some medicines were given and recorded, which placed people at "high risk of harm"; | Staff not being supported through appraisals, supervision and the hospice's training programme; | When patients were unable to consent to treatment, their mental health was not always assessed - meaning the principles of the Mental Capacity Act 2005 were not always followed; | While care records were kept in a locked office, staff sometimes took them into areas where visitors could see confidential information; | A friend of one patient raised concerns they could see the arrival of the undertaker at the premises from their room, which they found "distressing".
The report identified a number of other areas which the CQC found "deeply concerning" including: | Staff did not understand or act in accordance with the principles of the Mental Capacity Act 2005 and the Deprivation of Liberty Safeguards; | The service did not promote a culture that was open, inclusive and empowering; | There was a lack of confidence from people, those acting on their behalf and staff, in the process of raising concerns and issues with the service.
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 covers key legal concepts; the historical basis of mental health, mental capacity, and human rights law and its development, including the definition and models of mental disorder; the Mental Capacity Act 2005 and the Mental Health Act 1983 and their amendments, as well as statutory Codes of Practice that apply to the acts; applications to social work practice, including assessment, providing care, and care in the community; and provisions in terms of mentally disordered offenders, the Deprivation of Liberty Safeguards, and safeguards for people within the provisions of the laws.
The law on neglect currently means that if a patient did not die due to care received, or does not have a loss of capacity under the Mental Capacity Act 2005, a criminal offence is difficult to identify.
Wilful neglect" is only a criminal act if patients lack capacity as defined by the Mental Capacity Act 2005.
We also assist and advise patients in respect of issues relating to the Mental Capacity Act 2005.
Bertulano and Cahill face six charges of ill treating or wilfully neglecting patients on ward two of the Princess of Wales Hospital contrary to section 44 of the Mental Capacity Act 2005 by failing to check and then falsifying blood glucose levels.