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. 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. 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.
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.
Mental capacity. Children (aged 15 or under)
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.
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. 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
