What is the Mental Capacity Act (MCA) 2005
Anyone who works with or cares for a person who is unable to make their own decisions must be aware of The Mental Capacity Act (MCA) and its implications. It is designed to protect those of 16 and over made vulnerable by a lack of mental capacity, and which impairs their decision-making capabilities.
There are numerous reasons why a person may not be able to make decision on their own, ranging from mental health conditions and learning difficulties, to brain injuries and being in an unconscious state.
The act aims to safeguard a person’s right to make decisions that affect them, as well as ensuring that provisions are made in anticipation of a loss of mental capacity. It is designed to protect not only the individuals concerned, but also those who care for them and make decisions in their best interests.
How does the Mental Capacity Act affect carers?
If you work within the health and social care sector, it is very important that you are up to date on all the relevant legislation affecting the rights and care of your patients.
The Mental Capacity Act 2005 is one of these important pieces of legislation, as it aims to provide a legal framework for those wishing to act on behalf of people who are unable to make certain decisions for themselves.
The legislation, which came into effect in England and Wales in 2007, outlines the five principles of the Mental Capacity Act.
The statutory (legal) principles are:
- A person must be assumed to have the capacity to make decisions for themselves unless it can be established that they lack capacity
- A person should not be treated as being unable to make a decision unless every other practical effort has unsuccessfully been made to help the person to do so.
- A person should not be treated as unable to make a decision based on one unwise decision.
- A decision or act made on behalf of a person under the Mental Capacity Act 2005 must be in the person’s best interests.
- Before the act or decision can be made, alternatives which achieve the same ends but are less restrictive of the person’s freedom of action must be considered.
Learning about the Act
As a health and social care worker, especially if you work with vulnerable adults, it is very important that you have a full awareness of the Mental Capacity Act and Code of Practice. In fact, learning about the relevant legislation can be just as important as practical care training.
The Mental Capacity Act 2005 has the following aims:
- To enable adults to make as many decisions about their care as possible, both now and in advance.
- To allow adults to appoint someone else to make decisions about their personal welfare in advance of losing mental capacity.
- To ensure that decisions relating to personal care, property and personal affairs are made in the best interests of adults who are unable to make decisions for themselves.
- To offer protection against legal ramifications for carers who have honestly acted in the best interest of the patient.
- To provide clarity and safeguards in relation to people who have lost mental capacity.
The best way to learn about the Mental Capacity Act, along with other related legislation such as The Deprivation of Liberties Safeguards (DOLS), is to take an advanced care training course on the subject.
Mental capacity is a complex issue and specific care training is essential for those who need to ensure compliance in the context of their profession. The course provides an overview of the Mental Capacity Act and Framework, as well as explaining the necessity of the Deprivation of Liberties Safeguards. It also equips students with the skills necessary to identify and deal with cases of deprivation of liberty.