Mental Capacity Act (MCA) Key Principles

Key Principles

• 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.

Assessing Capacity

• 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.

Decision-Making

• 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.

Independent Mental Capacity Advocates (IMCAs)

• 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

Lasting Power of Attorney (LPA)

• 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.

Court of Protection

• 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

Key Principles of Mental Capacity Act

• 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.

Assessing Capacity

• 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.

Decision-Making

• 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.

Independent Mental Capacity Advocates (IMCAs)

• 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.

Lasting Power of Attorney (LPA)

• 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.

Court of Protection

• 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.