#Misuse of principal vs principle professional#
Professional such as a doctor, nurse or social Person who has to make the decision is knownĬarer responsible for the day-to-day care, or a Then any action taken, or any decision madeįor or on behalf of that person, must be made If a person has been assessed as lacking capacity Your conclusion that capacity is lacking for the To show in your records why you have come to The person lacks capacity? You should be able Of probabilities – is it more likely than The determination of a person’s capacity is made Muscle movements such as blinking an eye or The person is determined as unable to make the relevant decision if they are unable to:īy talking, using sign language or even simple Is the person’s inability to make the decision because of the impairment or disturbance? If they cannot, is there an impairment or disturbance in the functioning of their mind or brain?ģ. Is the person able to make the decision (with support if required)?Ģ. The Supreme Court in the case of A Local Authority v JB UKSC 52 supported the following approach to undertaking and an assessment and making a determination of someone’s capacity to make a specific decision (this was also included in the Draft Codes of Practice):ġ. You cannot decide that someone lacks capacity People’s situations may change and the capacity determination may need to be reviewed. Person is unable to make a particular decisionĪ particular time because their mind or brain isĪffected by illness of disability. The more formal the assessment of capacity Under the MCA, you are required to make anĪssessment of capacity before carrying out any The capacity to make the decision (principle Which you consider eccentric or unwise, thisĭoes not necessarily mean that the person lacks You mustĪlso remember that if a person makes a decision To encourage and support the person to make
You should also beĪble to show that you have made every effort Person has the capacity to make the decision You shouldĪlways start from the assumption that the Once you’ve decided that capacity is lacking, use principles 4 and 5 to support the decision-making process. It is useful to consider the principles chronologically: principles 1 to 3 will support the process before or at the point of determining whether someone lacks capacity. Someone’s Mental Capacity, or ability to make a certain decision, may be impacted by: Support workers (including people who work in supported Managers, care staff (including domiciliary care Language therapists, social workers, residential Nurses, dentists, psychologists, occupational therapy, Those working in health and social care include:
#Misuse of principal vs principle plus#
Range of health and social care staff, plus unpaid
To lack capacity to make decisions for themselves.Ĭared for by around six million people, including About two million people in England and Wales
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