Mental capacity Sample Clauses

Mental capacity. People must be assumed to have capacity to make their own decisions and be given all practicable help before anyone treats them as not being able to make their own decisions. Where an adult is found to lack capacity to make a decision then any action taken, or any decision made for, or on their behalf, must be made in their best interests.. (14.44). All professionals and other staff are required to work in accordance with the Mental Capacity Act 2005 (‘MCA’) and have regard to the relevant Code of Practice. The provisions of the Act are binding upon anyone seeking to make decisions for a person who may lack capacity. When safeguarding concerns arise the mental capacity of the individuals involved – victims as well as those alleged to be responsible - is central to the assessment and decision-making processes. It is essential that in any level of safeguarding enquiry the mental capacity of those involved is clarified at the outset. However it is important to ensure that safeguarding decision-making and mental capacity best interests decision-making do not become confused. In essence this is because safeguarding procedures do not convey any authority to act on behalf of a person who may lack mental capacity. Any protective measures thought to be necessary for a person who lacks mental capacity to consent to them must be subjected to a robust consideration and follow the MCA principles of acting in the person’s best interests and using the principle of ‘least restriction’. Where there are disputes about a person’s mental capacity or the best interests of an adult deemed to be at risk and these cannot be resolved locally, legal advice should be sought about whether an application to the Court of Protection is required. The MCA created the criminal offences of ill-treatment and wilful neglect in respect of people who lack the ability to make decisions. The offences can be committed by anyone responsible for that adult’s care and support e.g. paid staff; family carers, people who have the legal authority to act on that adult’s behalf i.e. persons with power of attorney or Court-appointed deputies (14.48). If there are concerns about abuse by an attorney or deputy then the Office of Public Guardian should be contacted (14.50).
Sample 1Sample 2
AutoNDA by SimpleDocs
Mental capacity. 21.1 The Provider shall comply at all times with the requirements of the Mental Capacity Act 2005 (‘the Act’) and the Deprivation of Liberty Safeguards in the provision of the Services.
Sample 1Sample 2
Mental capacity. 2.1 An assessment will have been carried out under the Mental Xxxxxxxx Xxx 0000 confirming that the Customer is unable to consent (choose) to receive their Personal Budget in the form of a Direct Payment. Therefore the Customer can only receive a Direct Payment if there is a Suitable Person who can be appointed to receive, manage and spend the Direct Payment on their behalf. 2.2 The social or health care worker confirms that the Suitable Person themself has the Mental Capacity to consent to being appointed as the Suitable Person and managing the Direct Payment.
Sample 1
Mental capacity. 2.1 In order to receive the Direct Payment the Customer must be able to understand and agree to the decision. If appropriate this will be determined by an assessment under the Mental Xxxxxxxx Xxx 0000. Should the Customer ever lose the Mental Capacity to understand and manage Direct Payments their Supplementary Cardholder, family or friend must inform the County Council as soon as is possible. A 'Direct Payment to a Suitable Person' could then be arranged. If the customer should then regain the Mental Capacity then a Direct Payment to them can be resumed. 2.2 A potential Suitable Person can be identified in Schedule 1, this will then be referred to should the Customer ever lose the Mental Capacity to manage Direct Payments.
Sample 1
Mental capacity. I have not consumed any alcohol or used any drugs during the past twenty four (24) hours, and I have received the required amount of sleep and I am capable of entering into this Agreement. I am of the age and I am currently able to safely operate any/or all applicable vehicles including but not limited to Jeeps, utility vehicles, golf carts, All Terrain Vehicles, motorcycle, skating, boarding, rafts, and boats. As well, I am able to safely participate in all available physical activities including but not limited to swimming, hunting, fishing, and/or any other extreme sport, sports, or any other Lonesome Dove facility activity not listed herein. Initial
Sample 1
Mental capacity. Following organic brain injury or disease, significant deficit of cognitive function, memory, or dysexecutive features may well be permanent and render the sufferer incapable of engaging in regular employment. Pre-senile dementia in its various forms is likely to be progressively incapacitating and not amenable to reasonable adjustments in regular employment. However, permanence of deficits due to organic brain injury may only be established with any certainty after allowing reasonable time for recovery and adaptation, which can often take 1-2 years. The SMP will normally be guided by specialist psychological and psychometric assessment in forming a judgement on the extent of incapacity and the level to which recovery can be expected.
Sample 1
Mental capacity. 31 Safeguarding Procedures 31
Sample 1
AutoNDA by SimpleDocs
Mental capacity. 26.1 You will undertake Mental Capacity Act (MCA) training at least every three years. 26.2 You will comply with Shared Lives South West policies and procedures regarding application of the Mental Capacity Act and Liberty Protection Safeguards.
Sample 1
Mental capacity. Children (aged 15 or under) 7.1 ‘Parental right yields to the child’s right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision.’69 7.2 Xxxxxxx is the leading case on the capacity (or competence – they are the same thing) of children. It sets out what you should take into account when assessing a child’s capacity to make a decision – ‘Xxxxxxx competence’. It also sets out what you should do when a child with capacity doesn’t want his or her parents or carers to know about treatment or advice they are given – the ‘Fraser guidelines’.70 Xxxxxxx concerns contraceptive advice and treatment, but ‘since then Xxxxxxx competence and the Fraser Guidelines have been more widely used to help assess whether a child has the maturity to make their own decisions and to understand the implications of those decisions’.71 7.3 Children have the capacity to make a decision when they have the intelligence to understand its meaning and the maturity to understand its consequences, including its effect on their relationship with their parents.72 Of course the older a child is, the more likely it is that he or she will have the capacity to make a decision. However, the capacity to make a decision depends both on the particular child and on the seriousness and complexity of the particular decision.73 7.4 It is vitally important to maintain the trust of children and young people. At the same time family involvement is usually very much in their interests. The Children Act 2004 says you must have regard to the importance of parents and carers in improving the well-being of children. Xxxx Xxxxxx said in Xxxxxxx that the case was not a licence to disregard the wishes of parents. 69 Xxxx Xxxxxxx in Xxxxxxx v West Norfolk and Wisbech AHA [1985] UKHL 7 70 See Xxxxxxx Competency and Fraser Guidelines, NSPCC, 2011 xxxxx://xxx.xxxxx.xxx.xx/preventing- abuse/child-protection-system/legal-definition-child-rights-law/xxxxxxx-competency-fraser- guidelines/?_t_id=1B2M2Y8AsgTpgAmY7PhCfg%3d%3d&_t_q=gillick&_t_tags=language%3aen%2csiteid%3a7f 1b9313-bf5e-4415-abf6- aaf87298c667&_t_ip=84.93.107.72&_x_xxx.xx=Nspcc_Web_Models_Pages_TopicPage/_aff42e87-87ef-4383- 9a88-612b6cecf5b3_en-GB&_t_hit.pos=1 71 Xxxxxxx v West Norfolk and Wisbech AHA [1985] UKHL 7 72 Xxxx Xxxxxxx said in Xxxxxxx that ‘it is not enough that she should understand the nature of the advice which is being given: she must also hav...
Sample 1

Related to Mental capacity

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Financial Capacity (a) Taking into account the Financing Commitment, such Purchaser has, and at the Closing will have, sufficient resources to pay, in cash any and all amounts necessary for it to consummate the transactions contemplated hereby at the Closing, including payment of its Pro Rata Share of the Seller Purchase Price and the Company Purchase Price, and in the case of Purchaser A only, the Additional Company Purchase Price and the Election Purchase Price (to the extent payable hereunder) and all the fees and expenses expressly required to be paid by such Purchaser hereunder without any restrictions to transfer such funds at Closing to the Seller and the Company, as and to the extent required to be paid pursuant to, and subject to the terms of, this Agreement. The Sponsor affiliated with such Purchaser has, and at the Closing will have, sufficient resources to meet its obligations under its Commitment Letter as they become due. (b) As of the date of this Agreement, such Purchaser has delivered to the Seller a true, correct and complete copy of the Commitment Letter provided by its affiliated Sponsor, dated as of the date hereof. Such Commitment Letter has not been amended or modified, and the respective commitments contained in such Commitment Letter have not been withdrawn, terminated or rescinded. Such Commitment Letter (i) is in full force and effect, (ii) constitutes the legal, valid and binding obligation of such Purchaser and the Sponsor party thereto, and (iii) is enforceable by the Seller and the Company against such Purchaser and the Sponsor party thereto, in accordance with its terms, subject to bankruptcy, insolvency, reorganization and other Legal Requirements of general applicability relating to or affecting creditors’ rights and to general equity principles. There are no side letters or other Contracts related to the funding or investing, as applicable, of the applicable Financing Commitment other than such Commitment Letter. There are no conditions precedent to the consummation of such Financing Commitment other than those set forth in such Commitment Letter. As of the date of this Agreement, the Sponsor affiliated with such Purchaser is not subject to bankruptcy proceedings. (c) Notwithstanding anything to the contrary contained herein, in no event shall this Section 4.4 be deemed breached (and no condition set forth in Section 6.3 shall be deemed to have failed as a result of any actual or alleged breach of this Section 4.4), if (notwithstanding any actual or alleged breach), such Purchaser is willing and able to consummate its obligations at the Closing if and when it is otherwise required to do so under the terms and conditions of this Agreement.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Agent in Individual Capacity Xxxxx Fargo and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, provide Bank Products to, acquire Equity Interests in, and generally engage in any kind of banking, trust, financial advisory, underwriting, or other business with any Loan Party and its Subsidiaries and Affiliates and any other Person party to any Loan Document as though Xxxxx Fargo were not Agent hereunder, and, in each case, without notice to or consent of the other members of the Lender Group. The other members of the Lender Group acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, pursuant to such activities, Xxxxx Fargo or its Affiliates may receive information regarding a Loan Party or its Affiliates or any other Person party to any Loan Documents that is subject to confidentiality obligations in favor of such Loan Party or such other Person and that prohibit the disclosure of such information to the Lenders (or Bank Product Providers), and the Lenders acknowledge (and by entering into a Bank Product Agreement, each Bank Product Provider shall be deemed to acknowledge) that, in such circumstances (and in the absence of a waiver of such confidentiality obligations, which waiver Agent will use its reasonable best efforts to obtain), Agent shall not be under any obligation to provide such information to them. The terms “Lender” and “Lenders” include Xxxxx Fargo in its individual capacity.

  • Contract Capacity The electric power producing capability of the Generating Facility which is committed to Edison.

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement;

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • Stockholder Capacity No Person executing this Agreement who is or becomes during the term hereof a director or officer of the Company shall be deemed to make any agreement or understanding herein in his or her capacity as such director or officer. Stockholder signs solely in his, her or its capacity as the beneficial owner of the Subject Shares and nothing herein shall limit or prohibit Stockholder or any of its Representatives, in his or her capacity as an officer or director of the Company, from taking any action or failing to take any action in such capacity.

  • Not Acting in Individual Capacity Except as provided in this Article VI, in accepting the trusts hereby created Wilmington Trust Company acts solely as Owner Trustee hereunder and not in its individual capacity, and all Persons having any claim against the Owner Trustee by reason of the transactions contemplated by this Trust Agreement or any Basic Document shall look only to the Owner Trust Estate for payment or satisfaction thereof.

Draft better contracts in just 5 minutes Get the weekly Law Insider newsletter packed with expert videos, webinars, ebooks, and more!