The Mental Capacity Act
The Act is about having the power to make your own decisions.
This is a powerful piece of law. It will improve people's lives. All of us will benefit - people with learning disabilities, people with mental health problems, somebody who has a car accident.
Some parts came into law in April 2007; others will begin in October 2007.
Why have we got this Act?
* Some people get bossed around and told what to do
* People can be ignored and nobody notices what they are saying
* People often get looked after and treated like children
People should be treated as equals with respect
and should be listened to
and included in everything
including making decisions
A summary of the Big Ideas (principles) in the Act
* start by thinking everyone can make their own decisions
* give people all the support they need to make decisions or be involved in decisions
* no-one should be stopped from making a decision just because someone else thinks it is wrong or bad
* when a person cannot make a decision themselves, it should be made in their 'best interests'.
* Decisions should be made which increase the persons rights and freedom as much as possible
Every decision to be made has to be thought about on its own. We cannot say that a person cannot make any decisions at all.
What does the Act say?
* Everyone should get the help they need to make decisions
Easy words and pictures
Speaking your language
Watching how you react
Making sure you are relaxed and well
* There are times when some people cannot decide for themselves.
The Act says how to work out if someone can make a decision
This is called assessing capacity
* A person cannot make a decision themselves if they cannot
Understand information about the decision
Keep the information in their mind
Use the information to make a decision
Tell people what their decision is
* When someone cannot make a decision for themselves, the people in their life have to think about what is best for the person. This is called acting in their 'best interests'
* What is in a person's best interests?
Waiting for a little time for someone to make a decision - will this help?
What are the person's wishes and feelings, values and way of life
What do people who know the person well think?
How can the person be involved in making the decision?
What decision is best for keeping the person's rights and freedoms?
Taken from BILD's seminar notes June 2007. Rose Hunt July 2007