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.

This resource provides information and advice about deputyship for a person with dementia. It covers the types of deputyship; duties of a deputy and limits to a deputy’s powers; how to apply to become a deputy for a person with dementia; who to inform when you become a deputy; supervision and support from the Office of the Public Guardian; deputies and dementia – frequently asked questions.

A dementia-friendly financial services charter designed to enable the sector to work towards becoming dementia-friendly. In addition to the charter, the document sets out the expectations for a dementia-friendly financial services sector and provides guidance on the commitments in the charter.

This factsheet explains what mental capacity is, outlines the key principles or rules of the Mental Capacity Act, and looks at how it can be applied when planning for the future. Topics covered include decision-making and mental capacity; the principles of the Mental Capacity Act; assessing capacity; making decisions; planning ahead; and when someone hasn’t planned ahead – deputyship.

This factsheet outlines the responsibilities of a deputy, how to apply to become
one, and factors to consider before deciding to do so.

This resource explains different aspects of planning ahead for people who have dementia (‘advance care planning’). Sections cover: what is an advance statement; why should I consider making an advance decision or advance statement; will the doctor have to follow my advance decision or advance statement; what an advance decision cannot do; how to make an advance decision; frequently asked questions.

Final report from the Law Commission’s review of the Mental Capacity and Deprivation of Liberty Safeguards (DoLS), which considered how the law should protect people who need to be deprived of their liberty in order to receive care or treatment and lack the capacity to consent. The review found that DoLS were overly technical and legalistic, often failed to achieve any positive outcomes for the person concerned or their family, and could not deal with the increased numbers of people considered to be deprived of their liberty following the Cheshire West ruling. The report provides recommendations for the reform of the legal framework and proposes that the DoLS should be replaced by a new scheme, the Liberty Protection Safeguards. The proposed scheme would cover a broader group of people, including any setting that might give rise to a deprivation of liberty and would also cover 16 and 17-year-olds. A draft Bill attached to the report provides details of the new scheme. The draft Bill also includes amendments to other parts of the Mental Capacity Act to provide increased protection for people whose rights to respect for their private and family life and their home, whether or not they risk being deprived of their liberty. The Law Commission also recommended that the Liberty Protection Safeguards should be accompanied by the publication of a new Code of Practice covering all aspects of the Mental Capacity Act. An impact assessment and a summary of the report are published alongside the final report.

Objective: To investigate how people with communication and understanding difficulties, associated with conditions such as dementia, autism and intellectual disability, are represented in research guidance supplementary to the Mental Capacity Act (MCA: 2005) in England and Wales. Methods: A documentary survey was conducted. The sample comprised the MCA Code of Practice (CoP: 2007) and 14 multi‐authored advisory documents that were publicly available on the Health Research Authority website. Textual review of key words was conducted followed by summative content analysis. Results: Representation of people with communication and understanding difficulties was confined to procedural information and position statements that focused mainly on risk management and protection. Whilst a need to engage potential participants was recognized, guidance provided was imprecise. Conclusions: Tensions exist between the protection versus empowerment of people with communication and understanding difficulties in research. The development of structured, evidence‐based guidance is indicated. Patient or public contribution: People with communication and understanding difficulties and carers participated in a working group to explore, discuss and interpret the findings.

Annual report of the Chair of the National Mental Capacity Forum, covering the Forum’s work over the year, the Chair’s priorities for the coming year, and details of Forum members. Each chapter describes the achievements and ongoing work against the four priorities for 2017: Improving understanding; Hearing the voice of the person; Supporting carers; and Reducing and preventing exploitation. Achievements include the development of guidelines and training material for front line staff in the financial and banking sector and increased awareness of fraud and scam and the risks for people ‘in vulnerable circumstances.’ The report includes illustrative good practice examples of initiatives relevant to the implementation of the Mental Capacity Act.

A short film depicting scenes in a domestic setting between an older man and his domiciliary care worker. The film introduces the principles of the Mental Capacity Act in relation to a financial decision.

This At a glance summary presents an overview of the Mental Capacity Act (MCA) 2005, which is important to health and social care practice.

A case study focusing on dementia non-MCA compliant hospital discharge, without an appropriate advocate involved in the decision-making process. It explains how the IMCA involved raised concerns about how the hospital discharge process fits into the MCA and how important the role of an IMCA is in ensuring decisions are made in the best interests of the relevant individuals. The case study has been drawn together by the Department of Health, the Care Quality Commission, and POhWER, a major provider of advocacy services, showing how IMCAs can act as a powerful support to people who may lack capacity.