Legal aspects

Naomi PinderHead of Wills & Probate Department

16 November 2013

The Mental Capacity Act 2005 and Code of Practice

Available from the stationery office - www.tsoshop.co.uk0870 600 5522

customerservices@tso.co.uk

www.publicguardian.gov.uk

Five Principles of the MCA

Assume

A person must be assumed to have capacity unless it is established that he lacks capacity.

Do not discriminate eg: on grounds of age

Help

A person is not to be treated as unable to make the decision in question unless all practicable steps to do so have been taken without success.

Unwise decision

A person is not to be treated as unable to make the decision in question merely because he makes an unwise decision.

Best interests

An action done or decision made for a person who lacks capacity to make the decision in question must be done or made in his best interests.

Proportionality

Before an act is due or decision made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Protection

Protection from liability is afforded to medics carrying out care or treatment of a person lacking capacity to consent to the act.

1. Take reasonable steps to ascertain capacity2. Act in the person’s best interests

Lasting Power of Attorney for Health & Welfare

Gives legal authority to a named person or persons to make decisions re. care in case where the person lacks capacity to make the decision.

Ensure that you see original document.

Capacity

A particularparticular decision taken by a particular person at a particular time.

ie. decision and time specific.

Court of Protection

Cases involving dispute are referred to the Court of Protection.

Keep written records of all decisions and objective reasons

for the decision.

Find us• Liverpool City Centre,

next door to Lloyds Bank

• 88 Church Street L1 3AY

• Opening hours:Monday to Friday - 9am to

5pmSaturday - 10am to 4pm

Contact us Naomi Pinder

Head of Wills & Probate Department

0151 282 1700

npinder@jacksoncanter.co.uk

www.jacksoncanter.co.uk