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Mental Capacity Toolkit 2018-2025 Form
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People also ask
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What is Section 5 of the Mental Capacity Act?
Acts in connection with care or treatment – Section 5 clarifies that, where a person is providing care or treatment for someone who lacks capacity, then the person can provide the care without incurring legal liability. The key will be proper assessment of capacity and best interests.
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What is Section 1 of the Mental Capacity Act?
1The principles (1)The following principles apply for the purposes of this Act. (2)A person must be assumed to have capacity unless it is established that he lacks capacity. (3)A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.
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What is the principle 1 of the MCA?
You should always start from the assumption that the person has the capacity to make the decision in question (principle 1). You should also be able to show that you have made every effort to encourage and support the person to make the decision themselves (principle 2).
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What is Section 2 of the MCA?
2People who lack capacity (1)For the purposes of this Act, a person lacks capacity in relation to a matter if at the material time he is unable to make a decision for himself in relation to the matter because of an impairment of, or a disturbance in the functioning of, the mind or brain.
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Is any act done or decision made for or on behalf of a person who lacks capacity?
One of the key principles of the Mental Capacity Act is that decisions made on behalf of a person who lacks capacity are made in the person's 'best interests'. The code of practice refers to people who make decisions on other people's behalf as 'decision-makers'.
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What is Stage 1 mental capacity?
The test to assess capacity Stage 1 – Is the person unable to make a particular decision (the functional test)? Stage 2 – Is the inability to make a decision caused by an impairment of, or disturbance in the functioning of, a person's mind or brain?
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What are the 5 principles of the MCA?
Five key principles Principle 1: A presumption of capacity. ... Principle 2: Individuals being supported to make their own decisions. ... Principle 3: Unwise decisions. ... Principle 4: Best interests. ... Principle 5: Less restrictive option.
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What is Stage 1 of the Mental Capacity Act?
The test to assess capacity Stage 1 – Is the person unable to make a particular decision (the functional test)? Stage 2 – Is the inability to make a decision caused by an impairment of, or disturbance in the functioning of, a person's mind or brain?
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