The Legal Framework – Mental Capacity Act

Aims 

To provide practitioners with a clear overview of the Mental Capacity Act and its practical application in adult social care, including good practice in capacity assessment and best interests’ decision making and key elements of case law.

Learning Objectives
  • Understand the relationship between the MCA and human rights and the importance of the Mental Capacity Act in non-discriminatory practice
  • Understand the principles of the MCA and how to apply them in practice
  • Gain familiarity with relevant provisions of the MCA including the role of the Court of Protection, Advance decisions, LPA/Deputyship and the role of IMCAs
  • Understand what sorts of decisions fall under the MCA
  • Understand how to take practicable steps to support decision making and how age, development, experience and other factors, in addition to disability, may impact on capacity
  • Understand when a capacity assessment may be needed, the key information to gather and steps to take in advance of a capacity assessment
  • Understand the key elements of the statutory test for capacity
  • Develop their skills in applying the statutory test in practice
  • Understand how to record a capacity assessment
  • Know what do to where there is uncertainty regarding capacity
  • Understand who to consult and involve in Best Interests decision making
  • Develop skills in undertaking and documenting Best Interests decision making
  • Know what other materials can be accessed and where, to find out more information for own professional development
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