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Chapter 2 mental capacity act case studies
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The Mental capacity Act 2005 is a very important piece of legislation, because it makes a real difference to the lives of people who may lack mental capacity. The act will empower patients to make their own decision; it will also protect people with lack capacity by providing them with a flexible framework that places individuals at the very heart of the decision-making process.it will make sure that the patients with lack of capacity participate as much as possible in any decisions made on their behalf, and that these are made in their best interests. It also allows people to plan ahead for a time in the future when they might lack the capacity, for any number of reasons, to make decisions for themselves. The Act covers a wide range of decisions and circumstances; the act is supported by the practical guidance, and the Code of Practice which provides information about how the act works in practice. (http://www.direct.gov.uk 2007) The act was created to assist and support people who may be lack capacity and to discourage anyone who is involved in caring for someone who lack capacity ...
Dementia patients must have the right to participate in all decisions concerning their care. Every person in this world has the same equal rights, no matter the situation. Doctors, caregivers, nurses, and even family members brush off the request of the person suffering from dementia each and every day. Most people call this carelessness while others call it freedom and in all reality, it is far from freedom. Luckily, there are many people who fight for the freedom everyone deserves. The majority of "Health professionals are usually keen to keep people with dementia at the center of decisions. Independent advocacy can support this by giving the extra time and skills needed to help people have a voice without the tensions of any other role"
(Ackerman 17)” However, this framework does have its limitations. The legal model does not recognize “the impact of illness upon autonomous behavior, it impair the ability of patients to engage in contractual therapeutic relationships.(Ackerman 17)”
A court system must observe and consider certain issues when a person stands trial in a court of law. Some of these issues involve competency, sanity and diminished capacity among other issues. These issues influence the decision of the court regarding the offence that the accused faces. For a court of law to make its decision, it has to ensure that the accused is in an acceptable state of health condition. There are certain standards that the court uses to determine competency level of the accused.
The Scottish Government [TSG] (2005). National Care Standards - support services (revised march 2005) [PDF] available at The Scottish Government website; scotland.gov.uk/Resource/Doc/239525/0066023.pdf
The person’s care I have chosen to analyse is that of a 65 year old female, for the purpose of confidentiality she will immediately be known throughout as Mary (NMC 2008). Mary was admitted to the continuing care unit where I was placed. Although Mary had come into the unit as a new admission, she has been known by the trust the unit resides in for over 10 years. Mary has only one known relative, her next of kin whom was married to her deceased brother. Mary was admitted as an informal patient, meaning she had not been sectioned under the Mental Health Act (1983). She was also deemed as having full capacity in regard to the Mental Health Capacity Act (2005).
Forcing someone to take medication or be hospitalized against their will seems contrary to an individual’s right to refuse medical treatment, however, the issue becomes complicated when it involves individuals suffering from a mental illness. What should be done when a person has lost their grasp on reality, or if they are at a risk of harming themselves or others? Would that justify denying individuals the right to refuse treatment and issuing involuntary treatment? Numerous books and articles have been written which debates this issue and presents the recommendations of assorted experts.
This assignment will identify and evaluate the legal and ethical issues within the health and social care for elderly people with dementia and living in residential homes. It will address the difference between the legal and ethical issues and the impact it has on the person suffering from the disease, their family and the role that the professionals have in decision making for the individual’s wellbeing.
The Mental Capacity Act 2005 states that in order to protect the rights of individuals who don’t have the capacity to make their own decisions they an independent Mental capacity Advocate is put in place to learn as much as possible about the individuals and act in their best interests.
Mental Health Act 1983- The meaning for this Act is to let achievement to happen, where it’s required, to ensure t...
The CPA is a care management process for people with mental health and social care needs, including managing associated risks. The CPA main elements are: Assessment, Care coordinator, Care planning, Review, Transfer and Discharge. The National Standard Framework for Mental Health introduced it to supply a framework for effective mental health care (DOH, 1999; DOH, 2008; Gamble, 2005). Under CPA, John may use an Advance statement to illustrate his personal preferences and what he would like to happen in regards to his personal and home life should they come to lack capacity. These are important mechanisms for safeguarding and promoting a patient’s interests and health. The CPA is grounded in values and principles that are central to personalisation brought about when in March 2008 ‘Refocusing the Care Programme Approach’ was issued. This updated guidance highl...
As time goes on, the law has put more emphasis on facility just like Bridgewater State Hospital in which many of the actions of the facility workers can face legal consequences such as facing prison time, fines, lawsuits, and etc. Society has a better understanding of why certain people act the way that they do and being more knowledgeable about psychology and mental diseases allows us to have a different approach when dealing with these topics or these individuals. In today’s era, there are many normal individuals who are willing to stand up for those who do not have a voice of their own. I believe that this change in one’s ability to stand up for another individual or group of individuals is what brought about change to the medical environment of those who are mentally
According to the NICE (2015) health and social care professionals should always seek valid consent from people with dementia. This should entail informing the person of options, and checking that he or she understands, that there is no coercion and that he or she continues to consent over time. If the person lacks the capacity to make a decision, the provisions of the Mental Capacity Act 2005 must be followed. The nurse assessed the patient capacity and ensured that the decision made was in the best interest of the patient. The doctor uses specialist knowledge and experience and clinical judgement, and the patient’s views and understanding of their condition, to identify which investigations or treatments are likely to result in overall benefit for the patient (GMC, 2008). They took into consideration how the decision made will benefit Jean. After carrying out a full assessment, it was clear that Jean lack capacity and was therefore place under the mental capacity act
Health and social care professionals encounter a diverse amount of individuals who have different needs and preferences regarding their health. As professionals they must ensure that all services users, whether it is older people with dementia, an infant with physical disabilities or an adult with an eating disorder (National Minimum Data Set for Social Care, [no date]), are treated in a way that will successfully meet such needs. In fact, health and social care professionals have a ‘duty of care’ towards services users, as well as other workers, in which they must legally promote the wellbeing of individuals and protect them against harm, abuse and injury. (The Care Certificate Workbook Standard 3, [no date]) Duty of care is a legal requirement
...ng experts to identify mental health symptoms such as delusions, hallucinations, and identifying if any instances of malingering are present. Evaluating a defendant is essential in understanding whether or not they are capable of following legal proceedings. If an individual is in fact found incompetent, attempts to restore competency are performed through treatments with medication or mental training about legal information that is vital for them to know in their case. It is imperative to acknowledge competency to stand trial cases in the legal system to not only ensure fairness in the courtroom, but offer mentally ill defendants an opportunity to have a lawful trial depending on their psychological state.
Assessment instruments are a critical component in psychological testing. Clinicians use psychological assessments as a process of testing individuals to generate a hypothesis about their behavior, personality, or capabilities. There are four primary types of psychological assessments including, clinical interviews, assessment of intellectual functioning, personality assessment, and behavioral assessments. In addition, other types of psychological testing can include, achievement, aptitude, neuropsychological, occupational, and specific clinical test that can measure current levels of depression or anxiety. For example, the assessment instrument called the Beck Depression Inventory (BDI), measures characteristic attitudes