Mental Capacity and Decision-Making Principles
Explore the essential concepts of mental capacity assessment and decision-making principles, including the 5 key principles and the 2-stage capacity assessment process. Learn how to approach decision-making for individuals who may lack capacity.
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Presentation Transcript
Mental Capacity John White & Gary Cunningham
The 5 Principles - a refresher 1. Assumption of Capacity Starting point is, the person has the ability to make the decision for themselves, unless established otherwise 2. Practicable Steps Have all the practical, reasonable and feasible steps been undertaken to enable the person to make the decision for themselves been tried e.g. have family present to support the person 3. Unwise Decisions Just because the person wants to make a decision that others think is unwise , it doesn t mean they lack capacity e.g. stop taking medication
The 5 Principles - a refresher 4. Best Interests Any decision made for the person who lacks capacity must be made in their best interests. To understand this we use the Best Interest Checklist 5. Less Restrictive Option Is there a less restrictive option? Is it in the person s Best Interests to use it? If not what is the next more restrictive option?
The Capacity Assessment 2 Stage Assessment in 6 parts! Stage 1 Diagnostic stage Is there an impairment of, or disturbance in, the functioning of the persons mind or brain Stage 2 Functional stage Is the impairment or disturbance sufficient that the person lacks the capacity to make that particular decision? - Understand the information - Use/weigh the information The Causative Nexus P & Anor v City of York - Retain the information - Communicate
Over to you! Questions?
