Consent and capacity are intrinsically linked. If there is a ‘reasonable belief’ that a person is unable to make an informed decision with support, then… Read More »Consent to treatment under the Community Mental Health Team
Supported capacity is the second principle of the Mental Capacity Act (2005). It directs that all reasonable adjustments should be provided to support the individual to make an informed decision. This is further echoed in associated legislation of the Equality Act (2010) and the Care Act (2014) in terms of empowerment.
Read More »Supported capacity: reasonable adjustments in practice
The Mental Capacity Act (2005) was designed to help protect the rights of some of society’s most vulnerable people. One of the most frequently overlooked elements of the Act is principle #3: the right to make what others may perceive to be an unwise decision.
Read More »Case study: The right to make an unwise decision
In the fourth part of our blog series on the proposed changes to the MCA Code of Practice, we look at Chapter 4, and the process for assessing capacity.
Read More »Reflecting on changes to the MCA Code of Practice (Part 4)
In the second of our blog series on the MCA Code of Practice consultation, we look at Chapters 2 and 3, including the five statutory principles and how to support people to make their own decisions.
Read More »Reflecting on changes to the MCA Code of Practice (Part 2)
The Mental Capacity Act (2005) is built around five key principles. To ensure best practice, it is useful to attach a copy of the five principles to any Mental Capacity Assessment, to be reviewed prior to the assessment in order to ensure the assessment is only completed if necessary and that appropriate support is put in place, while also respecting the individual and their Rights
Read More »Five key principles of the Mental Capacity Act