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alwaleed

New Mental capacity Act

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can someone explain this new mental capacity bill in bullet points please :-[. please note that we are doctors and psychiatrist among doctors :lol: so please simple language :'(

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Summary of MCA 2005:

- Aim: to empower and protect vulnerable people who are unable to make their own decisions.

- Puts into statute what previously was governed by common law.

- 5 Key principles:

1) Capacity is presumed. the onus is on you to prove that it's lacking.

2) The subject has a right to be supported in making own decisions.

3) Has a right to make seemingly unwise or eccentric decisions.

4) Anything done on their behalf should be in their best interests.

5) Least restrictive intervention shouls be used.

- capacity assessment is outlined. Similar to that which has been used. Understand, retain, weigh in a balance, communicate the decision.

- advance directives are important in determining best interests. This could relate to the refusal of life-sustaining treatment, in which case it must be in writing, and signed and witnessed.

- Lasting Power of attorney (LPA) introduced. Replaces EnduringPA, which delegated authority to deal with the subject's financial affairs when s/he became incapable. LPA's in addition make decisions on the subject's health and welfare e.g where to live - nursing home? LPAs cannot make the decision to deny life sustaining treatment to the subject.

- If a subject has noone to speak for them, an Independent mental Capacity Advocate (IMCA) is appointed for them.

- New Court of Protection replaces 'Court of Protection', which dealt with disputes/conflicts regarding decisions about capacity or decisions on behalf of incapacitated subjects. Where several decisions have to be taken, the New COP appoints a:

- Court Appointed Deputy to act on behalf of the subject.

- Public Guardianship Office registers the LPAs and supervises the Court Appointed Deputies.

I think that's it in a nutshell. If I've left something out, someone please add.

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There's a guide enclosed with this month's yellow journal/bulletin written by BPS/RCPsych/DoH. It's an easy read

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Don't forget though (as everyone in England always does) that because there is different legislation across the UK that the PMPs and long case cannot ask about specific acts. We've had the Adults with Incapcaity Act in Scotland since 2000. What you need to know is the fundamental components of capacity and how you assess it.

Can the patient understand the decision?

Can the patient weigh the pros and cons of the decision?

Can the patient act on the decision?

Can the patient communicate their decision?

Can the patient remember the decision consistently?

Same goes for the Mental Health Acts you need to know the general terms, not the English Act. (Scotland has a much newer one with a lot more paperwork!) What are the grounds for detaining someone, how long do the sections last, etc.

  • The person has a mental disorder.
  • Medical treatment is available which could stop their condition getting worse, or help treat some of their symptoms.
  • If that medical treatment was not provided, there would be a significant risk to the person or to others.
  • Because of the person's mental disorder, his/her ability to make decisions about medical treatment is significantly impaired.
  • The use of compulsory powers is necessary.

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hey well done, mmanwaigwe.......nicely you have put it in a nut shell.

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