Mental Capacity Act Clause Samples

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 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. The Trust is committed to the principles contained in the Human Rights Act. We aim to ensure that our employmen...

Mental Capacity Act. 22.1 In relation to the Mental Capacity Act 2005 (as amended) (“MCA”): 22.1.1 You, including all Your Staff, shall comply with the provisions set out in the MCA when delivering Services; 22.1.2 You shall have a clear written policy in line with national guidance approved by the Council on Your approach to the MCA. The policy may be reviewed by the Council from time to time and shall ensure that any reasonable amendments requested by the Council are incorporated into Your equality/ diversity policy within twenty-one (21) days of request by the Council; 22.1.3 all Your Staff must be trained at induction to follow the reporting procedures specified in the policy and that training should be updated at least annually; and 22.1.4 You shall notify the Council immediately where a Service User may lack capacity, and a Significant Decision is to be made. 22.1.5 You shall appoint a lead contact to act on behalf of You for all purposes connected with the MCA. You shall notify the Council of the lead contact details prior to the Commencement Date; 22.1.6 You shall forthwith give notice in writing to the Council of any change in the identity or contact details of the person appointed as lead contact; and 22.1.7 You shall give maximum possible notice to the Council before changing Your lead contact.

Mental Capacity Act. Project Payment Obligations on either Parties: Pooled/Integrated/ Lead Managed by: Commencement of particular service

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. 11.2 The Provider shall comply with the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ and related Codes of Practice

Mental Capacity Act. Definition Where the person lacks the ability to enter into a Deferred Payment

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. 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 - ▇▇▇.▇▇ (▇▇▇.▇▇▇.▇▇) Regulated activities | Care Quality Commission (▇▇▇.▇▇▇.▇▇)