Mental Capacity

Executive Function

The presumption of capacity should be the underpinning ethos of the interactions between health, social care, and public sector workers whenever they are required to interact and/or build relationships with any member of the public.

National Mental Capacity Act and Competency Framework

Advance care planning is a process that supports adults at any age or stage of health in understanding and sharing their personal values, life goals, and preferences regarding future medical care. The goal of advance care planning is to help ensure that people receive medical care that is consistent with their values, goals and preferences during serious and chronic illness.

Advance Care Planning

Guidance on the use of the Mental Capacity Act for decisions regarding clinical treatment and care

This introduction should be read in conjunction with the two other documents in this series: MCA requirements for clinical decisions regarding treatment and care and MCA requirements when an individual lacks mental capacity to consent to treatment and care.

Mental Capacity Act requirements for clinical decisions regarding treatment and care.

Individuals have the right to freedom of choice for the treatment and care they receive. Assessing the capacity of an individual to make their own decisions regarding treatment and care is not always simple. All healthcare professionals should understand their responsibilities and legal requirements for the treatment or care for those people unable to provide consent, due to lack of mental capacity.

Mental Capacity Act requirements when an individual lacks the mental capacity to consent to treatment and care.

The MCA (2005) is clear that an individual should be given support and practical help to make the decision regarding care and treatment themselves. Even if the person is unable to make the decision themselves, they should be encouraged and supported to be actively involved and included in the decisions (Brown et al. 2015).