Mental Capacity Act (MCA) Key Principles

Study Notes

The Mental Capacity Act (MCA) is a law in England and Wales that protects people who lack mental capacity to make decisions for themselves.
The act is based on five key principles:
1. Autonomy: Assume a person has capacity unless proven otherwise.
2. Beneficence: Act in the person's best interests.
3. Non-maleficence: Avoid causing harm to the person.
4. Justice: Respect the person's autonomy and rights.
5. Least restrictive option: Use the least restrictive option when making decisions.

Two-stage test:
1. Diagnosis: Identify whether the person has an impairment or disturbance that affects their mind or brain.
2. Decision-specific: Assess whether the person has capacity to make a specific decision.

Best interests: When a person lacks capacity, decisions must be made in their best interests.
Decision-maker: The decision-maker must consider the person's:
- Past and present wishes and feelings
- Beliefs and values
- Any other relevant factors
Least restrictive option: Choose the option that restricts the person's rights and freedoms the least.

Role: IMCAs support and represent people who lack capacity and have no one to represent them.
Duties: IMCAs:
- Provide information and advice
- Represent the person's interests
- Support the person in making decisions

Definition: A legal document that allows a person to appoint one or more attorneys to make decisions on their behalf.
Types:
- Property and financial affairs: Attorneys can manage the person's property and finances.
- Health and welfare: Attorneys can make decisions about the person's healthcare and personal welfare.

Role: The Court of Protection makes decisions about people who lack capacity, including:
- Appointing deputies to make decisions
- Approving or rejecting LPAs
- Making declarations about a person's capacity

The Mental Capacity Act protects people who lack mental capacity to make decisions for themselves in England and Wales.
The act is based on five key principles: autonomy, beneficence, non-maleficence, justice, and least restrictive option.

The two-stage test assesses capacity: diagnosis of impairment or disturbance, and decision-specific assessment of capacity.
The diagnosis stage identifies an impairment or disturbance that affects the person's mind or brain.
The decision-specific stage assesses whether the person has capacity to make a specific decision.

When a person lacks capacity, decisions must be made in their best interests.
The decision-maker must consider the person's past and present wishes and feelings, beliefs and values, and other relevant factors.
The decision-maker must choose the least restrictive option that restricts the person's rights and freedoms the least.

IMCAs support and represent people who lack capacity and have no one to represent them.
IMCAs provide information and advice, represent the person's interests, and support the person in making decisions.

A Lasting Power of Attorney is a legal document that allows a person to appoint one or more attorneys to make decisions on their behalf.
There are two types of LPAs: property and financial affairs, and health and welfare.

The Court of Protection makes decisions about people who lack capacity.
The Court appoints deputies to make decisions, approves or rejects LPAs, and makes declarations about a person's capacity.