Mental capacity Act

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The aim of this assignment is to examine the Mental Capacity Act evaluating its effect on introducing safeguard for deprivation of liberty, both for patients and individuals lacking capacity in hospital and residents of care homes.

Mental Capacity Act
The Mental Capacity act 2005 is a very important piece of legislation, which consolidates human rights law for people who might lack capacity to make their own decision, is the foundation of DOLS. The legislation was designed to promote the empowerment of individuals and the protection of their rights. The MCA is built on five statutory principles that guide and inform all decision-making in relation to the estimate 2 million people who may lack capacity for decision-making in some aspects of their lives. The act also provides a framework for assessing whether a person has capacity to make decisions and define how others can make decision on behalf of someone who lacks capacity. The act will empower patients to make their own decision; it will also protect people with lack capacity by providing them with a flexible framework that places individuals at the very heart of the decision-making process. The act also provides protection for people whose capacity is called into question. At present it is not uncommon for people to be labelled as lacking capacity to make decisions based purely on their diagnoses, such as dementia. For these people the act provides protection by asserting the fundamental right that no matter what a person’s diagnosis or behaviour they must be assumed to have capacity. If any carer has any doubt over a person capacity they must prove that the person is not cable of making decision on their own, this can only be done by following the procedures laid down in t...

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... some hospitals and care homes they are not sure what is deprivation of liberty and they don’t understand when they are restricting someone deprivation of liberty. It also has been said that some amendments need to be done of the legislation because it is really difficult to understand. The right and safeguards under the provisions of the two acts are different, but there is no statutory right of appeal to an equivalent of a mental health review tribunal. Also access to the court of protection will be limited and may rely on a concerned person lodging an application. Restrain should always be a last option, encouraging positive behaviours, with a view to minimise the use of restraint, can be explored in forums such as team meetings. Staffs needs to be aware of when lawful restraint might be moving into a deprivation of liberty that requires specific authorisation.

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