A tool to help assess compliance with the Mental Capacity Act and Deprivation of Liberty Safeguards.

A flashcard briefly outlining the two stages of the capacity test, the best interests checklist and the five key statutory principles set out in the Act.

This leaflet briefly outlines the key aspects of the Mental Capacity Act, including advance planning, assessing capacity and best interests.

This indicator measures: staff training and organisational development to improve practice in relation to Mental Capacity Act and Deprivation of Liberty Safeguards (8a); number of Mental Capacity Assessments (8b); and number of Deprivation of Liberty Safeguards authorisations (8c).

This guidance explains how to undertake a mental capacity assessment.

A template of a mental capacity assessment form for Vision.

This guidance is intended to provide support in carrying out and recording formal capacity assessments and is not intended as a substitute for the Code of Practice. The documents covers: recording mental capacity assessment activity; principles of the mental capacity act 2005; when to assess capacity and who should carry out the assessment; assessments as part of needs or risk assessments and day to day decisions; capacity to agree to social care decisions; identifying the decision maker; advance statements and preferred place of care statements; capacity assessments; best interests decisions; independent mental capacity advocates; unwise decisions, duty of care, the role of the Court of Protection and inherent jurisdiction; and the role of the Court of Protection.

A mental capacity assessment and best interests determination form. The document includes a summary of key steps in assessing capacity, the principles of assessing capacity, what demonstrates decision-making capacity and considerations for the determination of an individual’s best interests.

This policy has arisen from the implementation of the MCA 2005 and seeks to give advice and guidance on how and when an assessment of mental capacity should be carried out. It draws a distinction between routine/ongoing assessments of capacity, which is a part of everyday care, and more exceptional occasions, when a formal assessment is necessary. In the latter case a formal, documented assessment is now required by the Trust in defined instances.

A case study focusing on a patient for whom an inadequate capacity assessment was carried out. Following IMCA intervention, it was discovered that lack of capacity had been assumed and the IMCA set about undertaking an accurate capacity assessment. The patient, however, passed away before this could be completed. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and aims to show how IMCAs can act as a powerful support to people who may lack capacity.

Form MCA1, Record of a Mental Capacity Assessment – for adults age 16 and over.

A case study focusing on a patient not being consulted in the decision about being discharged from hospital into a care home. However, after meeting with an IMCA it was decided that he did in fact have the capacity to decide where he wanted to live and was returned home with an appropriate care package. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, and shows how IMCAs can act as a powerful support to people who may lack capacity.