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      • Every person from the age of 16 has a right to make their own decisions if they have the capacity to do so. Practitioners and carers must assume that a person has capacity to make a particular decision at a point in time unless it can be established that they do not.
      mca-adults.trixonline.co.uk/chapter/supporting-people-to-make-their-own-decisions
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  2. Capacity means the ability to use and understand information to make a decision, and communicate any decision made. A person lacks capacity if their mind is impaired or disturbed in some way, which means they're unable to make a decision at that time.

  3. The MCA says: assume a person has the capacity to make a decision themselves, unless it's proved otherwise. wherever possible, help people to make their own decisions. do not treat a person as lacking the capacity to make a decision just because they make an unwise decision.

  4. www.mind.org.uk › capacityCapacity - Mind

    The Mental Capacity Act says someone else can make a decision for you if you lose your capacity to make that decision yourself. This is unless you've made a plan in advance that outlines your wishes for that decision.

    • 1.1 Overarching principles. Recommendations for service providers and commissioners. 1.1.1 Service providers and commissioners should ensure that practitioners undergo training to help them to apply the Mental Capacity Act 2005 and its Code of Practice.
    • 1.2 Supporting decision-making. 'A person is not to be treated as unable to make a decision unless all practicable steps to help him do so have been taken without success.'
    • 1.3 Advance care planning. Advance care planning involves helping people to plan for their future care and support needs, including medical treatment, and therefore to exercise their personal autonomy as far as possible.
    • 1.4 Assessment of mental capacity. 'A person must be assumed to have capacity unless it is established that he lacks capacity.' (Principle 1, section 1(2), Mental Capacity Act 2005.)
  5. Aug 13, 2024 · The Code has legal status and certain people must have regard to it when they act in relation to a person who lacks capacity to make a decision.

  6. The Mental Capacity Act says you have these rights: You'll be assumed to have capacity, unless you've had an assessment showing that you don't. All decisions made for you when you've lost capacity should be made in your best interests. Your liberty can only be taken away from you in very specific situations. This is called a deprivation of liberty.

  7. www.nhs.uk › conditions › consent-to-treatmentConsent to treatment - NHS

    If a person does not have the capacity to make a decision about their treatment and they have not appointed a lasting power of attorney (LPA), the healthcare professionals treating them can go ahead and give treatment if they believe it's in the person's best interests.

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