The Mental Capacity Act Sample Clauses

The Mental Capacity Act. 2005 and regulations thereto (and any successor legislation) provides a statutory framework to empower and protect vulnerable people where they have been assessed as lacking capacity. It makes it clear who can take decisions, in which situations, and how they should go about this. It enables people to plan ahead for a time when they may lose capacity. It is expected that the Contractor and their staff should be aware of and be familiar with the safeguarding provisions of an Individual’s liberty. The Contractor has a legal duty to incorporate the Mental Capacity Act 2005 into the development of its policies and procedures and in developing Staff through training and also in informing through communications with the Individuals of their rights under this act.

The Mental Capacity Act. 2005 ‘Professionals and other staff need to understand and always work in line with the Mental Capacity Act 2005. They should use their professional judgement and balance many competing views. They will need considerable guidance and support from their employers if they are to help adults manage risk in ways that put them in control of decision-making if possible’. • The Mental Capacity Act will apply if there is any doubt that the person concerned has the mental capacity to make specific decisions about sharing information or accepting intervention in relation to their own safety. • The Mental Capacity Act ‘Code of practice’ states that: ‘The person who assesses an individual’s capacity to make a decision will usually be the person who is directly concerned with the individual at the time the decision needs to be made’. • In most cases, a worker should be able to assess whether a person has the mental capacity to make a specific decision – see the two-stage functional test of capacity. The two-stage functional test of capacity In order to decide whether an individual has the capacity to make a particular decision, you must answer two questions: Stage 1: is there an impairment of or disturbance in the functioning of a person’s mind or brain? If so, Stage 2: is the impairment or disturbance sufficient that the person lacks the capacity to make a particular decision? The Mental Capacity Act states that a person is unable to make their own decision if they cannot do one or more of the following four things: • understand information given to them • retain that information long enough to be able to make a decision • weigh up the information available to make the decision • communicate their decision – this could be by talking, using sign language or even simple muscle movements such as blinking an eye or squeezing a hand. Other considerations • Every effort should be made to find ways of communicating with someone before deciding they lack capacity to make a decision. • Different methods (e.g. pictures, communication cards or signing) should be used to support people with communication difficulties to make sure their views are heard. • Family, friends, carers or other professionals should be involved as appropriate. • The mental capacity assessment must be made on the balance of probabilities – is it more likely than not that the person lacks capacity? • You must be able to show in your records why you have come to your conclusion that capacity is lacking for t...