Download The Mental Capacity Act 2005: A Guide for Practice by Robert Brown, Paul Barber, Debbie Martin PDF
By Robert Brown, Paul Barber, Debbie Martin
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Additional resources for The Mental Capacity Act 2005: A Guide for Practice (Post-Qualifying Social Work Practice), 2nd Edtion
Example text
68) say that some caution is needed when applying this principle and give some sound advice: Although as a general rule, capacity should be assessed in relation to each particular decision or specific issue, there may be circumstances where a person has an ongoing condition which affects his or her capacity to make a range of interrelated or sequential decisions. One decision on its own may make sense but the combination of decisions may raise doubts as to the person’s capacity or at least prompt the need for a proper assessment.
One of the most persuasive arguments was that, although lawyers might have been able to identify principles from the provisions of the Act, this was legislation which would be looked at and used by a wide range of people other than lawyers. It was seen as important that people should be aware of these key principles right from the outset. The popularity of this approach was one of the reasons for a subsequent attempt to have principles inserted at the beginning of the Mental Health Act 1983 when it was reformed in 2007.
It would also include solicitors and other professionals. Those acting for remuneration would include: care assistants in a care home, care workers providing domiciliary care services, and others who have been contracted to provide a service to people who lack capacity to consent to that service. These are the people the Act requires to ‘have regard’ to the Code of Practice. However, the Act itself applies to anyone who is acting in respect of or making a decision for someone who lacks capacity, including those doing so informally.