Mental capacity Sample Clauses
The "Mental capacity" clause defines the requirement that parties entering into an agreement must possess the legal and mental ability to understand and consent to the terms. In practice, this means that individuals who are minors, under the influence of substances, or suffering from mental incapacity at the time of agreement may not be bound by the contract. This clause ensures that all parties are capable of making informed decisions, thereby protecting vulnerable individuals and reducing the risk of unenforceable or disputed agreements.
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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).
Mental capacity. 26.1 You will undertake Mental Capacity Act (MCA) training at least every three years.
26.2 You will comply with Shared Lives South West policies and procedures regarding application of the Mental Capacity Act and Liberty Protection Safeguards.
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.
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
Mental capacity. 2.1 An assessment will have been carried out under the Mental ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇ 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.
2.2 The social or health care worker confirms that the Suitable Person themself has the Mental Capacity to consent to being appointed as the Suitable Person and managing the Direct Payment.
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 ▇▇▇▇▇▇▇▇ ▇▇▇ ▇▇▇▇. 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.
2.2 A potential Suitable Person can be identified in Schedule 1, this will then be referred to should the Customer ever lose the Mental Capacity to manage Direct Payments.
Mental capacity. 31 Safeguarding Procedures 31
Mental capacity. Children (aged 15 or under)
7.1 ‘Parental right yields to the child’s right to make his own decisions when he reaches a sufficient understanding and intelligence to be capable of making up his own mind on the matter requiring decision.’69
7.2 ▇▇▇▇▇▇▇ is the leading case on the capacity (or competence – they are the same thing) of children. It sets out what you should take into account when assessing a child’s capacity to make a decision – ‘▇▇▇▇▇▇▇ competence’. It also sets out what you should do when a child with capacity doesn’t want his or her parents or carers to know about treatment or advice they are given – the ‘Fraser guidelines’.70 ▇▇▇▇▇▇▇ concerns contraceptive advice and treatment, but ‘since then ▇▇▇▇▇▇▇ competence and the Fraser Guidelines have been more widely used to help assess whether a child has the maturity to make their own decisions and to understand the implications of those decisions’.71
7.3 Children have the capacity to make a decision when they have the intelligence to understand its meaning and the maturity to understand its consequences, including its effect on their relationship with their parents.72 Of course the older a child is, the more likely it is that he or she will have the capacity to make a decision. However, the capacity to make a decision depends both on the particular child and on the seriousness and complexity of the particular decision.73
7.4 It is vitally important to maintain the trust of children and young people. At the same time family involvement is usually very much in their interests. The Children Act 2004 says you must have regard to the importance of parents and carers in improving the well-being of children. ▇▇▇▇ ▇▇▇▇▇▇ said in ▇▇▇▇▇▇▇ that the case was not a licence to disregard the wishes of parents. 69 ▇▇▇▇ ▇▇▇▇▇▇▇ in ▇▇▇▇▇▇▇ v West Norfolk and Wisbech AHA [1985] UKHL 7 70 See ▇▇▇▇▇▇▇ Competency and Fraser Guidelines, NSPCC, 2011 ▇▇▇▇▇://▇▇▇.▇▇▇▇▇.▇▇▇.▇▇/preventing- abuse/child-protection-system/legal-definition-child-rights-law/▇▇▇▇▇▇▇-competency-fraser- guidelines/?_t_id=1B2M2Y8AsgTpgAmY7PhCfg%3d%3d&_t_q=gillick&_t_tags=language%3aen%2csiteid%3a7f 1b9313-bf5e-4415-abf6- aaf87298c667&_t_ip=84.93.107.72&_▇_▇▇▇.▇▇=Nspcc_Web_Models_Pages_TopicPage/_aff42e87-87ef-4383- 9a88-612b6cecf5b3_en-GB&_t_hit.pos=1 71 ▇▇▇▇▇▇▇ v West Norfolk and Wisbech AHA [1985] UKHL 7 72 ▇▇▇▇ ▇▇▇▇▇▇▇ said in ▇▇▇▇▇▇▇ that ‘it is not enough that she should understand the nature of the advice which is being given: she must also hav...
Mental capacity. 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.