Mental capacity and Deprivation of Liberty Safeguards Awareness
Knowledge Question Answers
Decisions that affect daily life, such as getting up or going to the doctors when ill, or decisions that may have legal consequences, such as medical treatment or making a will.
Illness, such as having had a stroke, where their mind or brain is affected by the influence of alcohol, or medication, or through depression or a mental health issue.
When there are doubts about their ability to make a decision because of their behaviour, their circumstances or concerns raised by somebody else.
4. a. Decisions affecting where the person might live
b. Decisions regarding medical treatment
The Court of Protection deals with decisions concerning the property, affairs and welfare of people who lack capacity as well as issues concerning Lasting Powers of Attorney.
The person will need to be appointed an IMCA ( an independent mental capacity advocate) to support the person and represent their views and ‘best interests’.
Those caring for the person, family, friends professionals such as GP’s and support staff, an IMCA, an appointed attorney, solicitors, in fact, anyone who is significant in the persons life.
Understanding a clients behaviour and needs are important as it may be that the person is unable to make informed decisions in the morning, such as following medication, but may be able to make a more informed choice in an afternoon. Should this be the case, the client will not be deemed to LACK capacity.
Lasting Power of Attorney
By involving an advocate, getting a second opinion, attempt mediation, use a complaints procedure or involving the Court of Protection.
1. Assume capacity
2. Take all steps to enable a decision to be made by the person themselves.
3. Allow the person to take risks or unwise decisions as this does not necessarily indicate a lack of capacity.
4. Any act or decision taken must be deemed to be in...