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
This assignment will explore how government legislation supports the vulnerable group of mental health individuals. The reason for choosing this topic was due to there being so much information available. Also, not having any experience in the mental health section of care made it appealing to investigate. Finding out how interesting this section of care seemed to be a must. Throughout this assignment it will be explored as to why there is such a law as legislation, the history behind the legislation
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
should require doctors to carry out the instructions of a Living Will” (Park et al, 2007). These decisions become important once patients lose their mental capacity, are unconscious, or unable to communicate” (BMA, 2009). The Mental Capacity Act 2005 defines an “advance decision” as a decision made by a person 18 or over, when he or she has the capacity to do so. The implications of a Living Will, make the case against legalising assisted dying weaker. This is because if a person is legally allowed
day. It will be focused around Mental Health Asylums and how people with mental health problems and in the care of asylums needs have been developed over the years within legislations, how their needs are being met and what is being done to benefit them in the future. It will look at how legislations have been elaborated to better suit people who receive care and how these changes have benefited and hindered the development of care in the UK. In the 19th century mental health was vastly misunderstood
In addition, Mr Young was deemed lacking capacity because he scored low with a mini mental state examination (MMSE), his score could have been associated to a UTI or some cognitive impairment, bearing in mind; he’d been diagnosed with dementia. Within the hospital setting this is an ongoing daily challenge across the field and often medical professionals find this challenging. MMSE is primarily based on requiring clients to answer various questions, this does not focus on a specific decision to be
has the capacity to consent to the intervention in question . From statistics it is believed that Stroke causes approximately 5.7 million deaths all over the world and the loss of about 50 million disability-adjusted life years (DALYs) every year .If a patient
healthcare professional when coming in contact with patients either in a care environment or at their home. Consent must be given voluntary or freely, informed and the individual has the capacity to give or make decisions without fear or fraud (Mental Capacity Act, 2005 cited in NHS choice, 2010). The Mental Capacity Act perceives every adult competent unless proven otherwise as in the case of Freeman V Home Office, a prisoner who was injected by a doctor without consent because of behavioural disorder
reflection + learning = change in behaviour/ action The following paper is a critical reflection based upon an experience I had as a student mental health nurse upon a recent placement. The primary aims of this paper are to explore both the legal and ethical issues surrounding the administration of medication to an individual reasoned to lack mental capacity. In order to facilitate these aims by means of an approach that is both informatively critical and effective I will conduct the following; describe
writing and verbally, and should be based on detailed and clear information. Mental Capacity Act 2005, aims to support those who have difficulty in making decision own their own. Its intention is to individual choice and anti- oppressive actions. In England and Wale it came into effect from 1 April 2005, this act provides a legislation supporting those who do not have the mental capacity to make their own decisions. The Act is there to support justice for those who are affected and furthermore promotes
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
people receiving health care may be at greater risk from harm than others” however this document goes on to quote No secrets (DH 2000 Page 8) which defines a vulnerable adult as someone “who is or may be in need of community care services by reason of mental or other disability, age or illness; and who is or may be unable to take care of him or herself, or unable to protect him or herself against significant harm or exploitation”. People are generally more vulnerable when their health or usual function
Section 9 The Wills Act 1837 and Section 17 of the Administration of Justice Act 1982 states that a will is not valid unless it is in writing and signed by the testator or by some other person at the testators direction. This signature must illustrate an intent by the testator to give effect to the will. Also, the signature must be made in the presence of at least two witnesses who are present at the same time that either attests and signs the will or acknowledges the testators signature. An attestation
treatment. I completed my patient report form to reflect the patient's decision and highlighted my concerns. The patient’s intoxicated husband then carried his wife back into the house. The concerns I had with this job, was with regard to the patient's capacity. My feelings. I wrongly assumed that we were attending just another alcohol intoxicated patient, so typical of a Saturday night duty. On arrival I had considered scene safety due to the behaviour of the intoxicated male shouting at me, “where
The professional value that I have chosen to reflect upon is consent, which can be defined as a patient’s right to decline or accept treatment (Dougherty and Lister 2015). There are three types of consent and these are voluntary, informed and capacity consent. I will discuss the difference between these consents later in this reflective account. Using Driscoll (2007) reflective model, which consist of three simple questions: What, So What, and Now What? I will reflect on my experience of working
Capacity according to Barlett et al (2003) is a requirement for consent, but he argues that capacity is really only called into question when the individual is refusing treatment. The social worker is able to apply the Mental Capacity Act 2005 to provide justification and guidance when assessing A’s mental capacity. The social worker will implement their professional judgement and accountability as well as
K. A. 2001. How Proxies Make Decisions about Research for Patients with Alzheimer's Disease. Journal of the American Geriatrics Society, 49, 1110-1119. WALD, D. S. 2004. Bureaucracy of ethics applications. WHO. 1993. The ICD-10 Classification of Mental and Behavioural Disorders: Diagnostic criteria for research. In: WHO (ed.). Geneva: World Health Organisation. WIMO, A., WINBLAD, B., AGUERO-TORRES, H. & VON STRAUSS, E. 2003. The magnitude of dementia occurrence in the world. Alzheimer Dis Assoc
According to the Royal College of Nursing, reflection is an important process which helps professionals plan and deliver high quality and safe care to patients. Using reflective practice can be essential to making sense of events and actions, enabling improvement to be achieved and changes to be made as needs can be identified. Reflection can support both personal and professional development, highlighting areas of improvement which can allow individuals to change and adapt to a situation if it were
The case does not give a clear description as to the patient’s mental state or capacity. It does highlight that paramedics perceived that she was not under the influence of any substance and only appeared to be mildly anxious. The case does not identify whether the patients initial decision to refuse treatment was voluntary
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