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Protecting Human Rights in care settings

As the size of our retired population grows, and our social norms change, we are seeing an increasing demand for care and nursing homes to support those who are not able to have their needs met within the community.

These older adults – indeed many younger adults as well – may have come to these placements through shared decision-making, or through Best Interest decisions made on their behalf. Others may be in care settings as a part of discharge-to-assess models, respite, or as a step-down placement for rehabilitation prior to returning home.

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Mental Capacity Ltd: Our Mission 

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Our Mission is to raise awareness and confidence in the everyday application of the Mental Capacity Act, including the use of the Deprivation of Liberties and Liberty Protection Safeguards. We strive to demystify assessment process, empowering those involved and ultimately helping to ensure that people’s rights are protected, and the best decisions are made.  

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Supporting capacity with augmentative communication aids

Support for RPRs

An RPR is a vital role under the Mental Capacity Act (2005), supporting an individual’s inclusion and rights around their Deprivation of Liberties (DoLS). This role is often filled by an unpaid family-member, friend or partner. However, if a family-member, friend, or partner cannot be identified, the supervisory body is required to refer for independent advocacy to complete this role as a paid (professional) RPR.

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Future decisions: black and white photo of man looking pensive as he thinks about what to do

Mental Capacity and future decisions

The Mental Capacity Act is designed to empower a person’s voice, protect their rights and provide safeguarding measures, alongside direction of practice, if a person is determined to lack capacity for a particular decision at a certain time. In this blog, we explore the role of the Mental Capacity Act around future decisions relating to healthcare, finance and assigning an LPA.

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Young man with Down's Syndrome, smiling, touching foreheads with father

Deprivation of liberties and the under 18s

When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.

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Lasting Power of Attorney: Man signing legal document

Modernising Lasting Power of Attorney

Lasting Power of Attorney (LPA) is an important form of advanced decision making giving people the option to assign a trusted person (or persons) to make decisions on their behalf should they ever lack capacity in the future.

However, the role of LPA is not always well understood, and has often been misapplied or even in some cases neglected by some professional teams who may lack sufficient training.

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