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Essay on the mental capacity act 2005
Essay on the mental capacity act 2005
Relative deprivation
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The aim of this assignment is to examine the Mental Capacity Act evaluating its effect on introducing safeguard for deprivation of liberty, both for patients and individuals lacking capacity in hospital and residents of care homes.
Mental Capacity Act
The Mental Capacity act 2005 is a very important piece of legislation, which consolidates human rights law for people who might lack capacity to make their own decision, is the foundation of DOLS. The legislation was designed to promote the empowerment of individuals and the protection of their rights. The MCA is built on five statutory principles that guide and inform all decision-making in relation to the estimate 2 million people who may lack capacity for decision-making in some aspects of their lives. The act also provides a framework for assessing whether a person has capacity to make decisions and define how others can make decision on behalf of someone who lacks 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. The act also provides protection for people whose capacity is called into question. At present it is not uncommon for people to be labelled as lacking capacity to make decisions based purely on their diagnoses, such as dementia. For these people the act provides protection by asserting the fundamental right that no matter what a person’s diagnosis or behaviour they must be assumed to have capacity. If any carer has any doubt over a person capacity they must prove that the person is not cable of making decision on their own, this can only be done by following the procedures laid down in t...
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... some hospitals and care homes they are not sure what is deprivation of liberty and they don’t understand when they are restricting someone deprivation of liberty. It also has been said that some amendments need to be done of the legislation because it is really difficult to understand. The right and safeguards under the provisions of the two acts are different, but there is no statutory right of appeal to an equivalent of a mental health review tribunal. Also access to the court of protection will be limited and may rely on a concerned person lodging an application. Restrain should always be a last option, encouraging positive behaviours, with a view to minimise the use of restraint, can be explored in forums such as team meetings. Staffs needs to be aware of when lawful restraint might be moving into a deprivation of liberty that requires specific authorisation.
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"
In this paper I will be comparing the visit to the State Mental Institution and the
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.
This essay will discuss how and most importantly, why mental health policy has developed in Northern Ireland throughout the 19th and 20th century. It will first illustrate life inside the asylums, the policies that supported institutionalisation, and why change was needed. Next it will establish the progression in policy to support community and integrated care; it will examine this change and its effectiveness throughout society. Moving onto the 21st century, it will focus on a few of the main policies established throughout this period. Finally a conclusion will be made, assessing the current policy in Northern Ireland and how far we have to go to enhance the quality of life of those struggling with mental illness.
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 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.
There were patients who had chronic illnesses and were subdued by restraints and sedation up to 1950s. Moving forward towards the 60’s, the criteria of hospitalization started to change when questions on how well asylums worked and the ethical problems with patient care was raised (West, 2010). Due to the Community Mental Health Centers Act of 1963 these institutions started to close all around the states and shifted away from rural to urban areas. Psychiatric hospitalization had a new criterion stating that an individual had to pose a threat to themselves or others and or show evidence of severe psychiatric illness that renders him or her gravely disabled (Caple,
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...
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
Critical to understanding the extent of the problem is a clear definition of mentally ill, “a person suffering from mental illness and, owing to that illness, there are reasonable grounds for believing that care, treatment or control of the person is necessary for the person’s own protection from serious harm, or for the protection of others from serious harm” [Mental Health Act 2007 (NSW)]. Noting that the statute specifies the ‘control’ of this group which adds to the notion that people with mental health problems are inherently more dangerous members of our society. Furthermore mental health problems within the prison system (inmate population) are estimated to be three to four times higher than in the general Australian popula...
The BBC documentary, Mental: A History of the Madhouse, delves into Britain’s mental asylums and explores not only the life of the patients in these asylums, but also explains some of the treatments used on such patients (from the early 1950s to the late 1990s). The attitudes held against mental illness and those afflicted by it during the time were those of good intentions, although the vast majority of treatments and aid being carried out against the patients were anything but “good”. In 1948, mental health began to be included in the NHS (National Health Service) as an actual medical condition, this helped to bring mental disabilities under the umbrella of equality with all other medical conditions; however, asylums not only housed people
The United States has the highest incarceration rate in the world and of that over sixty percent of jail inmates reported having a mental health issue and 316,000 of them are severely mentally ill (Raphael & Stoll, 2013). Correctional facilities in the United States have become the primary mental health institutions today (Adams & Ferrandino, 2008). This imprisonment of the mentally ill in the United States has increased the incarceration rate and has left those individuals medically untreated and emotionally unstable while in jail and after being released. Better housing facilities, medical treatment and psychiatric counseling can be helpful in alleviating their illness as well as upon their release. This paper will explore the increasing incarceration rate of the mentally ill in the jails and prisons of the United States, the lack of medical services available to the mentally ill, the roles of the police, the correctional officers and the community and the revolving door phenomenon (Soderstrom, 2007). It will also review some of the existing and present policies that have been ineffective and present new policies that can be effective with the proper resources and training. The main objective of this paper is to illustrate that the criminalization of the mentally ill has become a public health problem and that our policy should focus more on rehabilitation rather than punishment.
In order to protect the patients’ identity and privacy, and in accordance with the NMC Code (2015) and Data Protection Act (DPA) 1998, anonymity and confidentiality will be maintained using a pseudonym for the case study. Jane, a 47-year-old female, detained on Section 3 of MHA (DH, 1983) within an Acute Inpatient Ward. As defined in the Mental Health Act Code of Conduct (DH, 2007) Section 3 of the MHA allows a patient to be detained for treatment within a hospital setting for a period of up to 6 months to allow for treatment programme (DH, 1983). Jane’s health had deteriorated over a period of seven days, after she had stopped taking her anti-psychotic medication weeks ago, resulting in the current episode of manic behaviour.
The first policy that needs to be looked into for revision is with relation to inmates with present or previous mental conditions. Despite the fact that there could be a deemed stigma in isolating such cases, for the sake of their safety as well as the entire facility there is need to institute new policies to keep such people under different conditions with the rest of the inmates. This should however be policed in such a manner as to elucidate any notions of discrimination.
As the Manager of Meadows Sands I am determined to improve the life choices and quality of life of all adults for whom we provide support and services. I recognise that, for the majority of people, people make decisions affecting their lives on a daily basis. It is important that individuals are supported in making their own decisions and deciding for themselves how support and services should be organised to meet their needs. It is also crucial that those people lacking the capacity to make certain decisions for themselves receive adequate support when decisions are made in their best interests. To this end, all services and support are organised to allow individuals to direct their own support as able and it is practicable for them to do so.