Table of Contents
Can a GP assess mental capacity?
You would expect most GPs to be able to identify cancer or depression and even have an understanding of their treatment, but arguably their depth of knowledge need only be sufficient to identify the need and then contact the specialist to complete the treatment. So it is with Mental Capacity.
How do you get assessed for mental capacity?
You can ask the person’s doctor or another medical professional to assess their mental capacity. Follow the Mental Capacity Act code of practice when you check mental capacity.
What makes a good mental capacity assessment?
What makes a good mental capacity assessment. The assessment must give evidence, at every stage, of how the person was assessed for the two-part test, and which elements of the ‘four functional tasks’ they could not manage, even with every assistance and support given as required under the second principle of the MCA.
What is fluctuating mental capacity?
Fluctuating capacity is when a person’s ability to make a specific decision changes frequently or occasionally. Such changes could be brought on by the impact of a mental illness, physical illness, the use or withdrawal of medication, the use of illicit substances or alcohol.
Who should be consulted when making a best interest decision?
The person who has to make the decision is known as the ‘decision-maker’ and normally will be the carer responsible for the day-to-day care, or a professional such as a doctor, nurse or social worker where decisions about treatment, care arrangements or accommodation need to be made.
What is a best interest decision?
A Best Interests decision is a decision made by applying the Best Interest principle, as set out in the Mental Capacity Act 2005. A Best Interests decision is a decision made for and on behalf of a person who lacks capacity to make their own decision.
Who is responsible to assess capacity and best interests?
The decision maker is responsible for determining the person’s best interests. They must be able to demonstrate they have adhered to all the requirements of section 4 of the Mental Capacity Act 2005 and Chapter 5 of the Code of Practice.
When should a best interest decision be made?
Best interests decisions must be made when a person has been assessed as lacking capacity to make the relevant financial decision themselves. Legal powers are needed before making best interest decisions about a person with dementia’s money or property. There are three possibilities.
What decisions Cannot be made on behalf of a person who lacks capacity?
However, some types of decision can never be made by another person on your behalf, whether or not you lack mental capacity. These include decisions about marriage or civil partnership, divorce, sexual relationships, adoption and voting.
How do you make the best interest decision?
2. The Checklist for Applying the Best Interest Principle
- The checklist.
- Encourage participation of the person.
- Identify all relevant circumstances.
- Find out the person’s views.
- Avoid discrimination.
- Assess whether the person might regain capacity.
- Consult others.
- Avoid restricting the person’s rights.
What is someone’s best interest?
to have someone’s best interests at heart: to act in someone’s favor, to do something that will benefit someone.
What are the 2 questions asked in the acid test?
A Supreme Court judgement in March 2014 made reference to the ‘acid test’ to see whether a person is being deprived of their liberty, which consisted of two questions: Is the person subject to continuous supervision and control? and. Is the person free to leave?
What is the acid test for mental capacity?
The acid test states that an individual who lacks the capacity to consent to the arrangements for their care and is subject to continuous supervision and control and is not free to leave their care setting, is deprived of their liberty and should be the subject of a DoLS application (where they are in a care home or …
What are the six assessments required by DoLS?
IMCAs and assessments
- Introduction. IMCAs will have a different level of involvement in the six different assessments.
- Age assessment.
- Mental health assessment.
- Eligibility assessment.
- No refusals assessment.
- Best interests assessment.
- Mental capacity assessment.
- Example of 39A IMCA involvement in the assessment process.