MCA (2005) Code of Practice

Front

What is the aim of the MCA (2005) Code of Practice?

Back

To empower people to make decisions for themselves whenever possible, and protect people who lack capacity by providing a flexible framework that places them at the very heart of the decision making process.

Front

The MCA is a comprehensive legal framework for decision making for people aged 16 and over in England and Wales who lack capacity to make particular decisions for themselves.

What are the 5 principles of the MCA?

Back

1. 1. Presume capacity

2. 2. Support to make own decision

3. 3. Right to make unwise decisions

4. 4. Best interests

5. 5. Least restrictive option

Front

MCA provides the legal backing for carers (including unpaid carers), healthcare and social care staff to carry out certain tasks providing they have a reasonable belief that:

Back

·         the person lacks capacity to make that decision

·         that it is in the persons best interests for the action to be carried or decision made

·         an appropriate (proportionate) response

·         less restrictive options would not be appropriate

·         These can be decisions about:

·         ‘day-to-day’ matters like what to wear, or what to buy when doing weekly shopping

·         Or

Major-life changing events such as whether the person should move into a care home or undergo a major surgical operation

Front

What does capacity mean?

Back

The person is able to make their own decisions by weighing up the outcomes, good or for bad

Front

To determine if a person lacks capacity the MCA you must consider

Back

1. 1. Does the person have an impairment or disturbance in the functioning of their mind or brain?

2. 2. Does that ‘impairment or disturbance’ mean that they are unable to make a specific decision at the time they need to make that decision?

3. NB: Just because a person has “an impairment or disturbance of their brain or mind” it doesn’t automatically mean that they lack capacity to make a particular decision.

Front

Whose responsibility is it to assess capacity?

Back

Usually the person who is directly concerned with the individual at the time the decision needs to be made - this means different people could assess at different times. Other professionals opinions should be sort in complex decisions.