Advanced Decisions and Lasting Power of Attorney
The Mental Capacity Act (2005) provides two options to help us plan for the future and provide clear documented decisions in the case of deteriorating health.…
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Mental Capacity Act (2005)
Proportionate placement
We often hear the words least restrictive practice, which we often associate with physical or medical restraint. However, an often overlooked area of least restrictive practice is placement, which is more easily thought of as where someone lives and the restrictions placed upon them.
Least restrictive practice: What does the Mental Capacity Act say?
The Mental Capacity Act (2005) provides protection to any individual who is deprived of their liberties in order to safeguard their health and wellbeing. It does this by establishing that all support be the least restrictive option; that any restriction in place must be proportionate to the need of keeping the individual safe, necessary in terms of all other lesser options have been attempted multiple times and lawful. By this, it must be justifiable if needed to be defended in front of the Court of Protection.
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