Mental capacity Sample Clauses

Mental capacity. People must be assumed to have capacity to make their own decisions and be given all practicable help before anyone treats them as not being able to make their own decisions. Where an adult is found to lack capacity to make a decision then any action taken, or any decision made for, or on their behalf, must be made in their best interests.. (14.44). All professionals and other staff are required to work in accordance with the Mental Capacity Act 2005 (‘MCA’) and have regard to the relevant Code of Practice. The provisions of the Act are binding upon anyone seeking to make decisions for a person who may lack capacity. When safeguarding concerns arise the mental capacity of the individuals involved – victims as well as those alleged to be responsible - is central to the assessment and decision-making processes. It is essential that in any level of safeguarding enquiry the mental capacity of those involved is clarified at the outset. However it is important to ensure that safeguarding decision-making and mental capacity best interests decision-making do not become confused. In essence this is because safeguarding procedures do not convey any authority to act on behalf of a person who may lack mental capacity. Any protective measures thought to be necessary for a person who lacks mental capacity to consent to them must be subjected to a robust consideration and follow the MCA principles of acting in the person’s best interests and using the principle of ‘least restriction’. Where there are disputes about a person’s mental capacity or the best interests of an adult deemed to be at risk and these cannot be resolved locally, legal advice should be sought about whether an application to the Court of Protection is required. The MCA created the criminal offences of ill-treatment and wilful neglect in respect of people who lack the ability to make decisions. The offences can be committed by anyone responsible for that adult’s care and support e.g. paid staff; family carers, people who have the legal authority to act on that adult’s behalf i.e. persons with power of attorney or Court-appointed deputies (14.48). If there are concerns about abuse by an attorney or deputy then the Office of Public Guardian should be contacted (14.50).
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Mental capacity. 21.1 The Provider shall comply at all times with the requirements of the Mental Capacity Act 2005 (‘the Act’) and the Deprivation of Liberty Safeguards in the provision of the Services.
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Mental capacity. 31 Safeguarding Procedures 31 Principles behind Sharing Seventh Caldicott Principle “The duty to share information can be as important as the duty to protect patient confidentiality” Health and Social Care (Safety and Quality) Xxx 0000 Seven Golden Rules
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Mental capacity. I have not consumed any alcohol or used any drugs during the past twenty four (24) hours, and I have received the required amount of sleep and I am capable of entering into this Agreement. I am of the age and I am currently able to safely operate any/or all applicable vehicles including but not limited to Jeeps, utility vehicles, golf carts, All Terrain Vehicles, motorcycle, skating, boarding, rafts, and boats. As well, I am able to safely participate in all available physical activities including but not limited to swimming, hunting, fishing, and/or any other extreme sport, sports, or any other Lonesome Dove facility activity not listed herein. Initial
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Mental capacity. 2.1 An assessment will have been carried out under the Mental Xxxxxxxx Xxx 0000 confirming that the Customer is unable to consent (choose) to receive their Personal Budget in the form of a Direct Payment. Therefore the Customer can only receive a Direct Payment if there is a Suitable Person who can be appointed to receive, manage and spend the Direct Payment on their behalf.
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Mental capacity. 2.1 In order to receive the Direct Payment the Customer must be able to understand and agree to the decision. If appropriate this will be determined by an assessment under the Mental Xxxxxxxx Xxx 0000. Should the Customer ever lose the Mental Capacity to understand and manage Direct Payments their Supplementary Cardholder, family or friend must inform the County Council as soon as is possible. A 'Direct Payment to a Suitable Person' could then be arranged. If the customer should then regain the Mental Capacity then a Direct Payment to them can be resumed.
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Mental capacity. Children (aged 15 or under)
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Mental capacity. A.13 Following organic brain injury or disease, significant deficit of cognitive function, memory, or dysexecutive features may well be permanent and render the sufferer incapable of engaging in regular employment. Pre-senile dementia in its various forms is likely to be progressively incapacitating and not amenable to reasonable adjustments in regular employment. However, permanence of deficits due to organic brain injury may only be established with any certainty after allowing reasonable time for recovery and adaptation, which can often take 1-2 years. The SMP will normally be guided by specialist psychological and psychometric assessment in forming a judgement on the extent of incapacity and the level to which recovery can be expected.
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Related to Mental capacity

  • Individual Capacity The Administrative Agent and its Affiliates may make loans to, accept deposits from and generally engage in any kind of business with the Borrower and its Affiliates as though the Administrative Agent were not an Agent. With respect to the Loans made by it and all obligations owing to it, the Administrative Agent shall have the same rights and powers under this Agreement as any Lender and may exercise the same as though it were not an Agent, and the terms “Required Lenders”, “Lender” and “Lenders” shall include the Administrative Agent in its individual capacity.

  • Legal Capacity All parties to the Mortgage Note and the Mortgage had legal capacity to enter into the Mortgage Loan and to execute and deliver the Mortgage Note and the Mortgage, and the Mortgage Note and the Mortgage have been duly and properly executed by such parties. The Mortgagor is a natural person;

  • Financial Capacity Investor currently has the financial capacity to meet its obligations to the Company hereunder, and the Investor has no present knowledge of any circumstances which could cause it to become unable to meet such obligations in the future.

  • INDEPENDENT CAPACITY The employees or agents of each party who are engaged in the performance of this Agreement shall continue to be employees or agents of that party and shall not be considered for any purpose to be employees or agents of the other party.

  • Agent in Individual Capacity BofA and its Affiliates may make loans to, issue letters of credit for the account of, accept deposits from, acquire equity interests in and generally engage in any kind of banking, trust, financial advisory, underwriting or other business with the Company and its Subsidiaries and Affiliates as though BofA were not the Agent hereunder and without notice to or consent of the Banks. The Banks acknowledge that, pursuant to such activities, BofA or its Affiliates may receive information regarding the Company or its Affiliates (including information that may be subject to confidentiality obligations in favor of the Company or such Subsidiary) and acknowledge that the Agent shall be under no obligation to provide such information to them. With respect to its Loans, BofA shall have the same rights and powers under this Agreement as any other Bank and may exercise the same as though it were not the Agent, and the terms "Bank" and "Banks" include BofA in its individual capacity.

  • Contract Capacity The generation capability designated for the Project shall be the contract capacity in MW designated in the Cover Sheet, net of all auxiliary loads, station electrical uses, and Electrical Losses (the “Contract Capacity”). Throughout the Delivery Term, Seller shall sell and deliver all Product produced by the Project solely to Buyer. In no event shall Buyer be obligated to receive, in any Settlement Interval, any Surplus Delivered Energy. Seller shall not receive payment for any Surplus Delivered Energy. To the extent Seller delivers Surplus Delivered Energy to the Delivery Point in a Settlement Interval in which the Real-Time Price for the applicable PNode is negative, Seller shall pay Buyer an amount equal to the Surplus Delivered Energy (in MWh) during such Settlement Interval, multiplied by the absolute value of the Real-Time Price per MWh for such Settlement Interval.]

  • Corporate Capacity The Acquirer has the corporate power, capacity and authority to enter into and complete this Agreement; Boundless - Capitalization

  • Independent Capacity of Contractor The Contractor and Contractor Parties shall act in an independent capacity and not as officers or employees of the state of Connecticut or of the Agency.

  • Stockholder Capacity The Stockholder is not executing this Agreement and does not make any agreement or understanding herein in his or her capacity as a director or officer of the Company and nothing contained herein shall limit or affect any actions taken by the Stockholder in his capacity as a director or officer of the Company to the extent such action is permitted by, or not prohibited by, the Merger Agreement, and none of such actions in such capacities shall be deemed to constitute a breach of this Agreement. The Stockholder signs solely in his capacity as the record and beneficial owner of, or the trustee of a trust whose beneficiaries are the beneficial owners of, the Shares.

  • Not Acting in Individual Capacity Except as provided in this Article VI, in accepting the trusts hereby created Wilmington Trust Company acts solely as Owner Trustee hereunder and not in its individual capacity, and all Persons having any claim against the Owner Trustee by reason of the transactions contemplated by this Trust Agreement or any Basic Document shall look only to the Owner Trust Estate for payment or satisfaction thereof.