Mental Capacity Act 2005 Analysis

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Mental Capacity Act 2005 (MCA) The Mental Capacity Act 2005 is a piece of legislation that protects those who are over 16 and who cannot make choices for themselves. There may be a number of reasons why someone may be unable to make their own decisions; disability, dementia, stroke, mental health conditions, or unconsciousness caused by an accident or anaesthesia. However, the MCA states that whilst a person may have such a condition, it does not mean they automatically lack mental capacity. When assessing mental capacity, it is always assumed an individual does have capacity; it must be proved that they do not. Individuals must be given every opportunity to make their own decisions, and so before they are assessed for mental capacity, the individual must have been provided with the information in a form that is easier for them understand. For example, with a translator, a sign language translator, pictures, braille ect.…show more content…
The first stage is to consider whether or not the individual has an impairment or disturbance in the functioning of their mind/brain as a result of a condition, illness or external factor (drugs/alcohol). The second stage is to determine whether or not that impairment or disturbance means that the individual is unable to make specific decisions when they need to. The MCA stresses that it is vital to consider whether or not the individual can make specific decisions as they may have the capacity to make one decision but not others. An individual is deemed to lack mental capacity if they cannot understand the information that is relevant to the decision, retain the information given or use the information as part of the decision making

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