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This CPD Online learning module on the Mental Capacity Act
(MCA) 2005 is the first of two modules. Each module
contains three sections covering particular aspects of the
MCA.
The MCA is relevant in many different settings and includes
issues relating to personal welfare and to a person’s property and
affairs. This module does not cover all possible
circumstances but focuses on the likely direct experiences of
psychiatrists in day-to-day practice.
Also, as health professionals in other branches
of medicine and in other disciplines may seek advice from
psychiatrists on matters related to this Act, examples from other
settings are considered.
Guidance may be particularly required in:
- general hospital settings, e.g. general medical and surgical
wards
- nursing homes for the elderly
- group homes for people with learning disabilities.
Situations where the MCA may apply can be very
varied and complex. Clinicians must be able to justify their
actions in the context of each case and the circumstances that
apply at the time.
Both modules 1 and 2 are
to help understanding but they are no substitute for reading the
Act and the Code of Practice.
Any answers provided are the views
of the author based on his understanding of the MCA and its Code of
Practice. They are not to be used alone to justify a
particular course of action in clinical or social care
practice.
Learning outcomes
By the end of this module, we hope you will be able to:
- appreciate the central principles of the Act and their
relevance to clinical practice
- understand how the Act can provide for future decision-making
in the event of a person losing his/her decision-making
capacity
- understand how the Act can provide for substitute
decision-making in the event of a person’s incapacity to make a
specific decision when it is required
- recognise how the Act informs clinical practice more
generally across both health and social care settings
- understand the role of the Office of the Public Guardian and
the Court of Protection.
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