The Mental Capacity Act 2005 was enacted to ensure that the capacity of adults is assessed consistently by all Healthcare professionals. Its approach is prescriptive but provides an appropriate platform for determining capacity regardless if you are a doctor, nurse or healthcare support worker. The legislation intended all who provide care to be in a position to assess capacity where there are concerns. The legislation also covers advanced directives, power of attorney as well deprivation of liberty safeguards. The 2005 Act establishes a statutory framework for determining a person’s capacity and introduces a checklist of factors that needs to be considered when determining if care and treatment is in a person’s best interests. As care givers, you will be required to abide by the provisions of the Mental Capacity Act 2005 and its code of practice in order to avoid liability in trespass when caring for an incapable person (Mental Capacity Act 2005, section 5).
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