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People also ask
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What are the 5 principles of mental capacity?
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. -
What is the Mental Capacity Act 2?
Section 2 of the Act makes it clear that a lack of capacity cannot be established merely by reference to a person's age, appearance, or any condition or aspect of a person's behaviour which might lead others to make unjustified assumptions about capacity. -
What is the 2 stage mental capacity test?
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? -
When must it be assumed that a person has the capacity to make a decision?
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. use or weigh up that information as part of the process of making the decision. -
What tests are used to assess mental capacity?
Assessment of mental capacity may be carried out using the Wechsler Memory Scale and Wechsler Adult Intelligence Test for adults with learning disabilities, dementia, neuropsychological impairments, brain injury and chronic alcohol abuse. -
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'. -
What is the principle 2 of the Mental Capacity Act?
Principle 2: Individuals being supported to make their own decisions. A person must be given all practicable help before anyone treats them as not being able to make their own decisions. This means you should make every effort to encourage and support people to make the decision for themselves. -
What is the stage two functional test under the Mental Capacity Act 2005?
The second stage of the test (or functional test) dictates that the person is unable to make a decision if they cannot: Understand information about the decision to be made. Retain that information in their mind. Use or weigh-up the information as part of the decision process.
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