
5 Before the Act is Done, or the Decision is Made, Form
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People also ask
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What happens if someone doesn't have capacity?
If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests. The MCA sets out a checklist to consider when deciding what's in a person's best interests.
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What is the first stage of the mental capacity act?
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 is the principle 5 of the Mental Capacity Act?
1The principles (4)A person is not to be treated as unable to make a decision merely because he makes an unwise decision. (5)An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.
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What do you call someone who acts on behalf of someone who can t make decisions for themselves?
As someone's attorney or deputy you must: give them all the help they need to make each decision before deciding they do not have mental capacity to make that decision themselves.
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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 decisions can be made on behalf of a person who lacks capacity?
What types of decisions can be made on my behalf if I lack capacity? Under the Mental Capacity Act, someone could make decisions on your behalf relating to your: Healthcare and medical treatment. Welfare and personal care.
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Who is designated to make decisions for a patient who lacks capacity?
the person the patient designated as surrogate through a durable power of attorney for health care or other mechanism; a family member or other intimate associate, in keeping with applicable law and policy if the patient has not previously designated a surrogate.
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Can a person make decisions for themselves?
Where appropriate, people should be allowed the time to make a decision themselves. The MCA says a person is unable to make a decision if they cannot do 1 or more of these things: understand the information relevant to the decision. retain that information for long enough to make the decision.
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