What is Mental Capacity?
Mental Capacity is the ability to make a decision. This includes the ability to make a decision about aspects of daily life, such as when to get up and what to eat, as well as more serious or significant decisions such as where to live. It also includes a person’s ability to make decisions that have legal consequences, such as agreeing to have medical treatment, buying goods, or making a will.
The Mental Capacity Act
The Mental Capacity Act 2005 came into force on 1st April 2007. It provides a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It sets out who can take decisions, in which situations, and how they should go about this.
Mental Capacity Act 2005 - http://www.opsi.gov.uk/acts/acts2005/ukpga_20050009_en_1
Mental Capacity Act Code of Practice - http://www.justice.gov.uk/docs/mca-cp.pdf
The following booklets give more information on how the Mental Capacity Act will affect you:
The Mental Capacity Act also introduces the new role of Independent Mental Capacity Advocate, for people without capacity who do not have family or friends to help them to make serious decisions about their lives, such as where to live.
The following booklet gives more information on Independent Mental Capacity Advocates.
DEPRIVATION OF LIBERTY SAFEGUARDS
This amendment to the Mental Capacity Act regarding Deprivation of Liberty received Royal Assent alongside the Mental Health Act (2007) in July 2007.
The amendment resolves a breach of the Human Rights Act, Article 5(1) (deprivation of liberty) and of Article 5(4), the right to have lawfulness of detention reviewed by a court, and will be enforced in October 2008.
For further information on the consultation on the Code of Practice follow this link: http://www.justice.gov.uk/publications/cp2307.htm
INDEPENDENT MENTAL CAPACITY ADVOCATE (IMCA)
In Bury, Advocacy Experience has been commissioned to deliver the IMCA Service.
To make an IMCA referral, please visit the following website:
www.advocacyexperience.com
Under the option “Downloads” you will find your IMCA referral form; guidance for referrers; information specifically relating to the IMCA service in Bury; and also Frequently Asked Questions.
Advocacy Experience can be contacted in the following ways
Telephone: 0844 800 2776
Fax: 01925 651 400
Email: IMCA@advocacymatters.com
The Mental Capacity Implementation Programme (MCIP) have also published a booklet - "Making decisions: the Independent Mental Capacity Advocate (IMCA) Service - Helping people who are unable to make some decisions for themselves". To download this booklet follow this link http://www.dh.gov.uk/en/Publicationsandstatistics/Publications/PublicationsPolicyAndGuidance/DH_073932
LIVING WILLS
Please find attached a link to the Directgov Website (an online resource produced by the Central Office of Information.
http://www.direct.gov.uk/en/RightsAndResponsibilities/Death/Preparation/DG_10029429
Under the Rights and Responsibilities section, you will find information on:
* How to make a Living Will
- Living Wills: Advance Decisions or Directive
- Writing or changing a will
* General Written Statements
- What a statement might include
*Living Wills and Mental Capacity
- With links to the Alzheimer's Association website which provides further information on Advanced Decisions etc.
*Who needs to know about a Living Will
Other information available on the website includes:
*Resuscitation and the right to refuse it.
