Mental Capacity Act (MCA) Directory

Explains that creating a lasting power of attorney is quick and easy, especially when using the online service. The service guides users through answering the questions and explains the process along the way. The service can be found here: service at www.lastingpowerofattorney.service.gov.uk/home.

Ann explains how simple she found it to make a lasting power of attorney using the new digital service on GOV.UK.

This report draws on an examination of the literature and consultation with stakeholders directly involved in advance decisions to refuse treatment (ADRT) to identify ways of increasing awareness and uptake of ADRTs in Wales. The report looks at the current legal position in England and Wales, the current update and effectiveness of advance treatment refusals, attitudes to advance decisions and the views of health and social care practitioners. Barriers to the uptake up of ADRTs identified, include: misunderstanding about what is involved; scepticism about whether the patient’s wishes will be respected; and the mistaken belief that an ADRT is unnecessary if someone has already informed family members or healthcare professionals of what they would want. The report recommends actions for the Welsh Government, charities and other organisations to ensure people understand their options for advance care planning and their right to refuse treatment, if they so wish. These include: an increase in public education; correcting official forms that may mislead people about the legal status of their own or a relative’s expressed wishes; facilitating access to well designed ADRT forms/guidance and skilled support; normalising ADRTs (e.g. offering registration when patients sign up with a GP); training relevant practitioners to ensure that they understand what ADRTs are (and when they are valid and applicable), are able to provide appropriate guidance or referral, and can act in accordance with the law concerning them.

Independent advocacy is crucial to make sure a person’s voice is heard and their human rights are protected. This is especially important when a person is subject to compulsory and restrictive powers. Consistent and effective advocacy must be provided to people who most require it, whenever they require it, including to people with learning disabilities, autism or both, who are subject to long term segregation. Improvement to the delivery and commissioning of advocacy is required to achieve this. This briefing highlights the key features of advocacy for people with learning disabilities, autism or both who are in long term segregation, which must be accessible, highly competent, holistic, independent and perceived to be so, connecting, supporting and joined up. The paper also sets out two commissioning options: national commissioning – the model could be specified clearly, activated promptly, its delivery easily monitored, and there would be a clear line of sight on the resources; and local commission – this would allow locally commissioned services to align with most existing statutory provision. Irrespective of the commissioning arrangements, the service must be able to undertake the full range of statutory advocacy duties, rather than referring the person on and requiring that they relate to several advocates. The paper conclude with eight recommendations, including ensuring that advocacy for people in long term segregation is provided on an opt-out basis, to ensure a greater number of people in long term segregation receive the timely advocacy support and representation they need for their voice to be heard and their rights upheld.

This document guides carers of people living with dementia through the process of making difficult decisions during the Covid-19 pandemic whilst taking into consideration wishes and preferences of those they care for and the legal aspects of making decisions. The guide covers a number of decisions carers may need to make if the person they are caring for has or is suspected to have Covid-19. These include decisions such as how to care for them if they are unable to visit them, whether they should go to hospital if they become unwell and what it means to have a do not attempt cardiopulmonary resuscitation order. The guide also provides useful tips for carers such as the Covid-19 symptoms to watch out for which may differ to the commonly recognised symptoms, where to find help and support when making decisions and how to look after yourself as a carer. Topics covered include: thinking about any existing advance care plans; wishes and preferences; legal aspects of decision making; managing care at home; supporting someone in a care home; admitting them to hospital if they are very unwell; support for carers; and how carers can look after themselves during coronavirus and beyond.

Caring for people at the end of their lives is an important role for many health and social care professionals. One of the key aspects of this role is to discuss with individuals their preferences regarding the type of care they would wish to receive and where they wish to be cared for. The outcomes of such discussions then need to be documented, regularly reviewed and communicated to other relevant people, subject to the individual’s agreement. This is called the process of Advance Care Planning (ACP).

The aims of this research project were to further understand Approved Mental Health Professionals (AMHPs) and Best Interests Assessors’ (BIAs) views and feelings on their professional identity (in terms of their regulated profession) and the effect it has on their practice; and the experiences of people who have received services from AMHPs and BIAs, or those who work with them, and whether their experiences and perceptions differ across the professions; and whether BIAs intend to convert their status to AMCP and ways in which this has been influenced. A multimethod research approach was used, comprising a survey qualified and practising AMHPs; a survey of practising BIAs; focus groups of AMHPs and BIAs; interviews with people with experience of Mental Health Act assessments with AMHPs or ASWs. The study found that both the AMHP and BIA workforces are predominantly made up of social workers and predominantly employed by local authorities. Both professions, to varying degrees, believed that their specialist work was advanced, relational and values-based and for many it went beyond an extension of their primary qualification with enhanced legal literacy that was creative and nuanced. Overall, the majority of AMHPs and BIAs believed that social work had the greatest influence on the work. Generally, aspects of social justice and advocacy, as well as a high level of legal literacy, were clear indicators of the contribution of social work to both AMHP and BIA work. AMHPs and BIAs seem to experience very similar impacts on their health and wellbeing arising out of the challenges they experience. The main difference in this area was that AMHPs report finding their role more challenging than BIAs experience which is likely due to workload pressures and a lack of resources which is beyond their control.

This resource will support practitioners working in statutory social care or healthcare to understand the Act and practice confidently when supporting people to make decisions, assessing mental capacity and applying the Best Interests principle.

Signposts to key information on mental capacity and power of attorney, and to the relevant legislation, including: the Mental Capacity Act 2005 (England and Wales; the Mental Health (Northern Ireland) Order 1986; and the Adults with Incapacity (Scotland) Act 2000.

This free course describes the principles and criteria underpinning the assessment of mental capacity and decision making in the UK. The course begins by looking at what mental capacity – and the lack of it – means. You will be introduced to various groups of people who are more likely to lack mental capacity, but you will also learn why it is relevant to everyone. You will look at what can be done to help someone to make a decision themselves and the principles and steps that enable people to judge, fairly, whether someone has capacity or not. You will be introduced to the legislation in the UK and will see how it supports and protects people who may lack capacity. [First Published: 15/12/2016; Updated: 20/01/2020].