Mental Capacity Act 2005 Essay

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Recommended: Describe the current legislative framework that underpins the safeguarding of children, young people and adults with autism

Mental capacity and best interests
The Mental Capacity Act 2005 (MCA) is designed to protect and empower individuals who make lack the mental capacity to make their own decisions about their care and treatment. The law applies to individuals aged 16 and over.

The act states that:
• Everyone has the right to make his or her own decisions, health and care professionals must always assume an individual has the capacity to make their own decisions unless it’s proved otherwise through capacity assessment.
• Any act done or decision made on behalf of an individual deemed to lack the capacity (following a capacity assessment), must be done in their best interests, this can cover financial, health and social care decisions.

The act also states that …show more content…

Advocacy
If an individual can’t speak for themselves and be in control of their own lives they will need someone to act as advocate for them. The Care Act 2014 states that if an individual has no-one to assist them to make decisions then it is the responsibility of the local authority to provide an independent advocate to work on their behalf.

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.
These laws provide protection and guidance to individuals with autism such as:

• Provide protection against discrimination in relation to education, employment and goods and service provision.
• Protect their rights.
• Look after their best interests
• Inform healthcare providers about their requirements.

Question 21
Outline how legislation and guidance can be used to support individuals with autism
Legislation and guidance can be used to support individuals with autism as …show more content…

The individual will need to be encouraged to make decisions about the care they receive and the type of life they want to live and also ensure that their families are part of the decision making process.

Question 24
Give examples of how support can be provided in a way that is:
Compassionate
Showing genuine concern and understanding for the individual and to those closest to them.

Non-judgemental
Never making a judgment about an individual because of their behaviour or to judge their family for the way they have brought them up. Some people may make judgements on an autistic person because they have problems communication with others and they may think that they lack intelligence where in fact they could be highly functioning.

Question 25
Give at least two examples of how the rights of individuals with autism can be promoted

One: Working to increase awareness and educate the public about autism and professionals to reduce the stigma associated with individuals with

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