Mental Capacity Act. Under the Mental Capacity Act 2005, from the age of 16, capacity to consent is assumed, unless there are indications that the person lacks this capacity, in which case a mental capacity assessment is carried out in relation to the particular decision in question and there is a duty to facilitate people’s own decision-making where feasible. If this assessment confirms a lack of capacity, consent may be obtained from a person holding Lasting Power of Attorney (LPA) in respect of the individual’s health and wellbeing, or a person action their behalf under the Court of Protection. An individual may have more than one LPA appointed to make decisions regarding their welfare and / or financial affairs. The relevant LPA should be consulted depending on the information sharing required. If no such person exists, staff will make a ‘best interest’ decision on disclosure, involving family and other interested parties where possible.
Mental Capacity Act. 11.1 The Provider shall work within the principles of the Mental Capacity Act (2005) and to understand relevant best practice in regard to that legislation. The Provider will have a policy in place in line with the MCA Code of Practice.
Mental Capacity Act. Any Trust policy which may affect a person who may lack capacity should comply with the requirements of the Mental Capacity Act 2005 (MCA) The MCA and its associated Code of Practice provides the framework for making decisions on behalf of individuals who lack the mental capacity to do these acts or make these decisions for themselves. Everyone working with and/or caring for adults who lack capacity, whether they are dealing with everyday matters or life-changing events in the lives of people who lack capacity must comply with the Act. In a day to day context mental capacity includes making decisions or taking actions affecting daily life – when to get up, what to wear, what to eat etc. In a legal context it refers to a person’s ability to do something, including making a decision, which may have legal consequences for the person lacking capacity, or for other people. The Code provides guidance to all those working with and/or caring for adults who lack capacity, including family members, professionals and carers. It describes their responsibilities when acting or making decisions with, or on behalf of, individuals who lack the capacity to do this for themselves. In particular, it focuses on those who will have a duty of care to a person lacking capacity and explains how the legal rules set out in the Act will work in practice. The Health Act: Code of Practice for the Prevention and Control of Health Care Associated Infections The purpose of the Code is to help NHS bodies plan and implement how they can prevent and control HCAI. It sets out criteria by which managers of NHS organisations are to ensure that patients are cared for in a clean, safe environment, where the risk of HCAI is kept as low as possible. Failure to observe the Code may either result in an Improvement Notice being issued by the Care Quality Commission, or in the Trust being reported for significant failings and placed on ‘Special Measures’. The Code relates to healthcare provided by all NHS bodies. Each NHS body is expected to have systems in place sufficient to comply with the relevant provisions of the Code, so as to minimise the risk of HCAI to patients, staff and visitors. The Trust Board must have an agreement outlining its collective responsibility for minimising the risks of infection and the general means by which it prevents and controls such risks. Effective prevention and control of HCAI must be embedded into everyday practice and applied consistently by all staff. Human Righ...
Mental Capacity Act. 2005 The services subject to this Specification must be delivered in a way that recognises the statutory responsibilities of the Mental Capacity Act 2005 (as amended by the Mental Health Act 2007, 2019), including the Deprivation of Liberty Safeguards or Liberty Protection Standards (and any other legislation). This means that whilst maintaining clear insight into safeguarding guidance and legislation, the Provider must be mindful of the presumption of capacity and must also recognise the rights of Service Users to make capacitated, but possibly unwise, decisions. Mental Capacity Act Code of Practice - XXX.XX (xxx.xxx.xx) Regulated activities | Care Quality Commission (xxx.xxx.xx)
Mental Capacity Act. Project Payment Obligations on either Parties: Pooled/Integrated/ Lead Managed by: Commencement of particular service Specialist Advice for Mental Capacity Act (MCA) matters for clinical staff and commissioning services £2 000 NHS Enfield CCG Pooled Council 1st April 2013 Awareness Raising at various Safeguarding Events and developing materials £3 000 NHS Enfield CCG Pooled Council 1st April 2013 Attending Community Health Care Services & Meetings to ensure MCA remains a priority £1 500 NHS Enfield CCG Pooled Council 1st April 2013 MCA Training for Clinical Staff (GPs, DNs, Dentists) and commissioned services E.g. local hospitals 20 days @ £700pd NHS Enfield CCG Pooled Council 1st April 2013 Quarterly Data Reporting of XxXX Compliance in Hospitals and Care Homes £ 1 000 NHS Enfield CCG Pooled Council 1st April 2013 Sourcing Specialist Assessors for contentious cases & Negotiating Fees £ 5 000 NHS Enfield CCG Pooled Council 1st April 2013 Partnering a Mental Capacity Strategy in £ 5 000 NHS Enfield CCG Pooled Council 1st April 2013 Enfield Independent Mental Capacity Advocacy Service 70% Council 30% NHS Enfield CCG Estimated total costs: Council £24,867 NHS Enfield CCG £10,658 Pooled Council Existing arrangement Joint Safeguarding Nurse Assessor 50% Council 50% NHS Enfield CCG Integrated Joint Existing arrangement Running of the Service 100% Council Pooled Council 1st April 2013 Introduction The Local Authority Services Act (1970) outlines the requirement for the local authority to provide services to people of all ages with mental health problems in Enfield. The National Services Act (2006) states that NHS Enfield CCG is required to provide mental health services to people of all ages in Enfield and beyond. On 1 April 2013 the responsibilities of the functions relating to the Supervisory Body of the Deprivation of Liberty Safeguards transfers to the Council, by means of the Health and Social Care Xxx 0000. Clinical Commissioning Groups (CCG) retain the statutory responsibilities for the practice under the main Mental Capacity Act (MCA) 2005. NHS Enfield CCG need to ensure that the NHS and all services they commission are compliant with the MCA. NHS Enfield CCG is required to ensure that their staff have adequate training and that they monitor practice which includes mental capacity assessments, best interest decisions and that clinicians refer the relevant service users for the Deprivation of Liberty Safeguards in a timely way. This schedule identifies a p...
Mental Capacity Act. Definition The Mental Capacity Act 2005 (MCA) applies to care, treatment and support of people aged 16 years and over, in England and Wales, who are unable to make some or all decisions for themselves. Staff working with people who lack capacity must have regard to the Mental Capacity Act. The Act is accompanied by a statutory Code of Practice which explains how the MCA will work on a day to day basis and provides guidance to all those working with, or caring for, people who lack capacity. As the Code has statutory force, all staff who are employed in health and social care are legally required to ‘have regard’ to the MCA Code of Practice. Where the person lacks the ability to enter into a Deferred Payment This situation might arise where a person is unable to enter into a deferred payment agreement, due to lack of capacity; and there is no one empowered to support them. The good practice recommendation is that their family or a representative and as a last resort Medway Council should make application to obtain a Deputyship order for Property & Finance to support their best interests being observed. Whilst this is being obtained Medway Council should pay the provider and send regular invoices detailing the charges to be paid to the person applying for deputyship. If the deputyship is obtained and the responsible party has not paid you or entered into a DPA, Medway Council will need to obtain a court order for the debt. It is recommended that a letter of undertaking to pay the care fees is signed by the person applying for the deputyship order.
Mental Capacity Act. 2005 Legislation that complements the framework relating to persons who lack capacity, particularly where decision-making needs to be made on their behalf, both where mental capacity has been lost and where the incapacitating condition has been present since birth.
