What does The Mental Capacity Act 2005 provide?
In my intervention, The Mental Capacity Act 2005 (MCA) provides the legal framework in which my work was completed. The Code of Practice provides me with practical guidance as to how to put the MCA into practice in day to day lives to the adults we I have a duty of care towards. The code of practice provides guidance on how best to support people to make decisions and how to assess functionality ability, and includes a checklist that decision makes should follow in determining best interests. The MCA describes the meaning of lacking capacity in section 2, as “if at the material time he is unable to decide for himself about the matter because of an impairment of, or a disturbance in the functioning of the brain or brain.”
Assumption of capacity
As a starting point of my assessment, I acted on the guidance set out in (section 1) of the MCA. These are the five principles that need to be followed in order to assess an individual’s capacity. The MCA requires me, to assume that everyone aged 16 and over has the full legal capacity to make decisions about themselves (right to autonomy) unless it can be proven otherwise at the time the decision has to be made. Assessments of capacity are time and issue specific, without in mind I made arrangements to carry out a home visit, I contacted the family via telephone to book an appointment. However, the P transferred to his mum to book the appointment. The appointment was a book at for a day that was suitable for him and at a time that suited. However I did not want to make my first visit as the day the formal day to assess capacity however used the first visit to introduce myself to P and family, this decision was based on the previous assessments notes that P had failed to engage in the review process. I wanted to ensure that every possible effort is made to engage P and make him comfortable enough to talk to me.