Tag: human rights

  • When can you say an adult lacks capacity?

    When can you say an adult lacks capacity?

    If the person cannot:

    ‘understand the information relevant to the decision’

    ‘retain that information’
    Remember, the person only needs to retain this information long enough to decide

    ‘use or weigh that information as part of the process of making the decision’

    ‘communicate his decision’
    A person may communicate verbally or non-verbally. So long as he is able to get the information across, he can communicate.

    …You might be able to say that he lacks capacity
    (Crown Copyright, 2005)

    …But make sure you address the information below first

    (more…)

  • What are the 5 principles of the Mental Capacity Act 2005?

    Or:
    How do you decide if someone has capacity?

    1. Someone always has capacity until it’s proven otherwise
    2. ‘[…] All practical steps to help’ someone make a decision must be tried before saying that a person does not have capacity
    3. Unwise does not mean unable to decide
    4. Any decision made for a person without capacity must be ‘in his best interests’
    5. Any decision that must be made on the person’s behalf must be the least ‘restrictive of the person’s rights and freedom of action’

    Crown Copyright (2005) Mental Capacity Act 2005, Available Online: http://www.legislation.gov.uk/ukpga/2005/9/part/1

     

    okay tomi

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