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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. communicate their decision in any way.
If the healthcare professional feels you do not currently have the capacity to give consent and you have not made an advance decision or formally appointed anyone to make decisions for you, they'll need to carefully consider what's in your best interests before making a 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.)
In all situations where you think that the person cannot make the decision, it is important to be able to answer the question why that is the case. This is sometimes called identifying the ‘causative nexus.’
The Mental Capacity Act 2005 is the law that tells you what you can do to plan ahead in case you can't make decisions for yourself, how you can ask someone else to make decisions for you and who can make decisions for you if you haven't planned ahead.
Short-term help. You can be appointed to make decisions about someone’s money or property for a limited time - for example, while they’re on holiday. They can appoint you with either: a lasting...
People also ask
What does it mean if a person is unable to make a decision?
How do you know if someone can make their own decisions?
What if someone lacks the capacity to make a decision?
Can a person make a decision if they don't have mental capacity?
How do practitioners make decisions about people who lack capacity?
Who can make a decision if I Lose my capacity?
1. Presumption of capacity. Start off by thinking that everyone can make their own decisions. Ask yourself, “does it appear that this person can make this decision?” Are you assured that they have understood? If not, apply principle 2 (below). 2. Being supported to make their own decisions.
