Providers of social care need to comply with the Mental Capacity Act 2005 (MCA) and the associated Codes of Practice. The Act and Codes set out the principles and guidance for supporting people who use services to make their own decisions and how to plan ahead for a time when they have difficulties.
The Social Care Institute for Excellence, (SCIE),has produced free e-learning training materials that will enable your staff to learn more about the complexities of mental capacity. The training is suitable for all staff who may work with people who lack or may lack capacity in a social care setting. There are 7 modules which takes 30-45 minutes to complete and there is also a free webinar you can download to use to train your staff which includes information on how to assess capacity, how to support a person to make decisions and understand the best interest and decision making process.
For more information click here.
The Mental Capacity Act only applies in England and Wales.
While they have capacity, people can appoint an attorney to make financial decisions for them if they should lose capacity at some time in the future. They can also make legally binding Advanced Decisions to cover any refusals of treatment.
All decisions made for the person, when they have lost capacity, should be made in their best interests.
The person is assumed to have capacity until such time as an assessment has been carried out by an appropriate person showing that they no longer have the mental capacity.