Mental Capacity Act 2005
The Mental Capacity Act 2005 (MCA) legally defines mental capacity, it also gave Health Care workers and Social Services with the power to decide if a person has lost mental capacity and can no longer manage their own affairs.
The Mental Capacity Act created the opportunity for people to choose to set up a Lasting Power of Attorney, so if they lose mental capacity their chosen Attorney(s) could speak on their behalf and help make important decisions.
However, for people who have not set up a Lasting Power of Attorney before they lost mental capacity, the Mental Capacity Act gave Social Services the power to make important decisions on their behalf. These decisions can include what care people receive, what they eat, how their finances are managed, where they live and what happens to their assets & property.
The Mental Capacity Act created the opportunity for people to choose to set up a Lasting Power of Attorney, so if they lose mental capacity their chosen Attorney(s) could speak on their behalf and help make important decisions.
However, for people who have not set up a Lasting Power of Attorney before they lost mental capacity, the Mental Capacity Act gave Social Services the power to make important decisions on their behalf. These decisions can include what care people receive, what they eat, how their finances are managed, where they live and what happens to their assets & property.
If a person who is in Hospital is assessed as having lost mental capacity with no Power of Attorney in place, under the Mental Capacity Act Social Services can use the "Deprivation of Liberty Safeguards" (DoLS) to keep a person in Hospital or move them into a Care Home.
If a person who is living in their own home is assessed as having lost mental capacity with no Power of Attorney in place, under the Mental Capacity Act Social Services can apply for a "Deprivation of Liberty Order" (DoLO) to move a person into Hospital or a Care Home.
If a person who is assessed as having lost mental capacity or their family disagree with the decisions made by Social Services, with no Power of Attorney in place the Mental Capacity Act enables Social Services to apply to the Court of Protection for a Deputy to be appointed. The Deputy appointed by the Court is normally a Social Worker or similar Council employee. A Deputy can be granted the legal power to decide were the person will live, the kind of care they receive, what they eat, how their finances are managed and if a persons property is sold to pay for their care.
If Health Care Workers or Social Services decide a person has already lost mental capacity, because mental capacity is required to grant a Power of Attorney it will be too late to put in place a Power of Attorney. Therefore, it is important a Power of Attorney is put in place before Health Care workers and Social Services become involved.
If a person who is living in their own home is assessed as having lost mental capacity with no Power of Attorney in place, under the Mental Capacity Act Social Services can apply for a "Deprivation of Liberty Order" (DoLO) to move a person into Hospital or a Care Home.
If a person who is assessed as having lost mental capacity or their family disagree with the decisions made by Social Services, with no Power of Attorney in place the Mental Capacity Act enables Social Services to apply to the Court of Protection for a Deputy to be appointed. The Deputy appointed by the Court is normally a Social Worker or similar Council employee. A Deputy can be granted the legal power to decide were the person will live, the kind of care they receive, what they eat, how their finances are managed and if a persons property is sold to pay for their care.
If Health Care Workers or Social Services decide a person has already lost mental capacity, because mental capacity is required to grant a Power of Attorney it will be too late to put in place a Power of Attorney. Therefore, it is important a Power of Attorney is put in place before Health Care workers and Social Services become involved.