‘As People Get to Know It More’: Experiences and Expectations of the Mental Capacity Act 2005 amongst Local Information, Advice and Advocacy Services

2010 ◽  
Vol 10 (1) ◽  
pp. 41-54 ◽  
Author(s):  
Kritika Samsi ◽  
Jill Manthorpe ◽  
Phillip Rapaport
Keyword(s):  
Decision Making ◽  
Older People ◽  
Local Information ◽  
Mental Capacity ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
North London

Information, advice and advocacy agencies are important providers of information and support to older people in the community. This study explored the role of Age Concern staff across North London in providing timely information and advice relating to advance decision-making should capacity become impaired for a variety of reasons, particularly in relation to the newly implemented Mental Capacity Act (MCA) 2005. Findings suggest that staff had varied knowledge of the MCA and most lacked confidence in providing detailed advice. Given the wide-reaching scope of the MCA, differentiating between information, advice and advocacy may be necessary.

A Local Authority v JB [2020] Ewca Civ 735 And A Local Authority v AW [2020] Ewcop 24: Rethinking Sexual Capacity?

2020 ◽  
Author(s):  
Laura Pritchard-Jones
Keyword(s):  
Decision Making ◽  
Local Authority ◽  
Mental Capacity ◽  
Sexual Relationships ◽  
Working Through ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
Court Of Appeal ◽  
The Way

Abstract In A Local Authority v JB and A Local Authority v AW, the Court of Appeal and Court of Protection, respectively, had to consider questions regarding decision-making about sexual relationships. This case commentary suggests that both decisions are to be welcomed in many ways, not least in the primacy they give to the role of consent within sexual relationships. However, working through their implications also reveals a number of perplexing legal and practical binds that cannot easily be overcome, and that in fact stem from the way that the Mental Capacity Act 2005 itself works. In light of this, the commentary concludes by suggesting that it is likely that there will be continued dissatisfaction with this area of law and hints that the time may have come to rethink sexual capacity.

Consent conundrums: patient consent in neuroscience nursing

2020 ◽  
Vol 16 (1) ◽  
pp. 48-52
Author(s):  
John Finch
Keyword(s):  
Mental Capacity ◽  
Court Decisions ◽  
Legal Problem ◽  
Neuroscience Nursing ◽  
Patient Consent ◽  
Mental Capacity Act 2005 ◽  
The Law ◽  
Mental Capacity Act ◽  
Pain Distress

In BJNN 15(4) and BJNN 15(5), John Finch looked in detail at the role of the Mental Capacity Act 2005 and its accompanying Code in the practice of neuroscience nurses. He concluded, as have others, that the guidance offered by the Act and the Code falls short of what neuroscience nurses need in their practice. In this article, he turns his attention to the treatment of patients who can and do consent to proposed treatment. The law relating to such patients in this matter offers neither an act nor a code. The law is to be found in court decisions. It might, at first sight, appear that a practice situation in which a patient with undoubted mental capacity or, at least, sufficient mental capacity to understand and accept what is proposed, presents no legal problem. But a closer examination of mental processes encountered in patients who may be in pain, distress and pressing need reveals that communication between the treater and the treated may be subtle and complex, and that the meeting of minds required in law to ensure that a patient has genuinely agreed to a detailed proposal is anything but simple.

Best interests provisions in the UK Mental Capacity Act 2005

2012 ◽  
Vol 36 (12) ◽  
pp. 459-462
Author(s):  
Olufunso B. Aribisala
Keyword(s):  
Decision Making ◽  
Mental Capacity ◽  
Best Interests ◽  
England And Wales ◽  
Reasonable Belief ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act ◽  
The Uk

SummaryThe Mental Capacity Act 2005 is a critical statute law for psychiatrists in England and Wales. Its best interests provision is fundamental to substitute decision-making for incapacitated adults. It prescribes a process of and gives structure to substitute decision-making. The participation of the incapacitated adult must be encouraged where practicable. In addition to this, ‘the best interests checklist’ must be applied in every case before a practitioner can arrive at a reasonable belief that the action or decision taken on behalf of an incapacitated adult is in his best interests. Most commentators have shown goodwill towards the workings of the Act and want it to succeed.

scholarly journals Mental Capacity Act 2005: The Statutory Principles and Best Interests Test

2014 ◽  
Vol 1 (13) ◽  
pp. 150
Author(s):  
Penny Letts
Keyword(s):  
Decision Making ◽  
Mental Capacity ◽  
Best Interests ◽  
Decision Making Process ◽  
Mental Capacity Act 2005 ◽  
Mental Capacity Act

<p align="LEFT">The Mental Capacity Act 2005, due for implementation in 2007, will create a new statutory framework intended to improve and clarify the decision-making process for people aged 16 and over who are unable to make decisions for themselves. Section 1 of the Act sets out five statutory principles intended to underline the provisions of the Act and guide its implementation and operation. The first part of this paper will look at the origins of each of the statutory principles. The second part will consider one of the principles – acting in the best interests of a person lacking capacity – in greater detail by looking at the requirements set out in the Act for determining a person’s best interests.</p>

scholarly journals Changes to the Mental Health and Mental Capacity Acts: implications for patients and professionals

2009 ◽  
Vol 33 (6) ◽  
pp. 226-230 ◽  
Author(s):  
Ian Hall ◽  
Afia Ali
Keyword(s):  
Mental Health ◽  
Work Load ◽  
Mental Capacity ◽  
Community Treatment ◽  
Mental Health Act ◽  
Mental Capacity Act 2005 ◽  
User Groups ◽  
Treatment Changes ◽  
Mental Capacity Act

SummaryThe new Mental Health Act 2007 for England and Wales has introduced substantial amendments to the 1983 Mental Health Act and has also amended the Mental Capacity Act 2005. Most provisions came into effect in November 2008. the introduction of supervised community treatment, changes to professional roles such as the role of ‘responsible clinician’, and the introduction of deprivation of liberty safeguards in the Mental Capacity Act are discussed. Many of the new safeguards in the Act are welcomed by clinicians and service user groups. However, other changes are more controversial and could potentially lead to an increase in the work load of clinicians.

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