The mental capacity act 2005 - Assignment

Assessment

QUESTION
1.
The mental capacity act 2005 is mainly aims to protect those people who are lacking at
capabilities and maximise their capacity so that they can make decisions. This Mental Capacity
Act 2005 applied to everyone who indulged in care treatment and support people aged 16 and
over living in England and Wales who are unable to make all or some decisions for themselves.
The key principles of Act is defined as below:
 A presumption of capacity
 Individuals being supported to make their decisions
 Unwise decisions
 Best interest
 Less restrictive option
1.2
The mental capacity act came into force in October 2007. The code has statutory force,
meaning which certain people have powers and duty regarding this. These are:
 An attorney under a Lasting Power of Attorney (LPA)
 A deputy appointed by Court of Protection
 An Independent Mental Capacity Advocate
 A person carrying out research approved in accordance with Act.
 A person acting in a professional capability for or in relation to person who lacks
capacity.
1.3
The researcher is responsible for finding out research provisions and researcher is obliged
to know does the mental capacity act apply to its research, which part of act needs to apply to
research, what is intrusive and non intrusive research and does the MCA apply to clinical trials
of investigation medicinal products etc. These skills would help to identify the provisions.
1.4
The mental capacity act 2005 is act which affect those people who are aged 16 and over
in England and Wales an these people are not able to make decisions for themselves. As because
due to lacking at decision making this act helps people to protect and restore power to those

vulnerable people who lack capacity. The role of independent mental capacity advocate was
introduced by the Mental Capacity Act 2005 in order to provide safeguard to those people who
lack the capacity to make important decisions which includes where they live and about serious
medical treatment options.
1.5
The code of practice explains how MCA works on day to day basis and gives guidance to
those working with people who are lacking at capacity. These code describes key features of
MCA in detail as well as some of practical steps which people using and interpreting the law
need to take into consideration. As if anyone is working with people who are lacking at capacity
and one is professional than one will be paid for work. It is also relevant to unpaid carers who
will be helped and guided by it.
TASK 2
2.1
The duties and powers to instruct an IMCA are as follows:
Attorney appointed under Lasting Power of Attorney:
the duty arises when people some time lack capacity to make the decisions for
themselves.
Court of Protection and Deputies:
The MCA formed a new court and new public official in order to protect people who are
lacking at capacity. For example, if a person has ongoing lack of capacity than the court will
tailor the powers of deputy according to individual situation.
Advance decisions to refuse treatment:
The act makes statutory rules with clear safeguards so that people may make decision in
advance to refuse treatment if they lack capacity in future.
2.2
The roles and responsibilities of an IMCA is to provide safeguard to people who lack
capacity in order to make important decisions. The main role of IMCA is to give support and
represent the person in decision making process. It is important to follow MCA 2005 during this
process.

2.3
There are different rights which are afforded to IMCA within MCA 2005. The basic right
is to gather information by meeting and interviewing person. After than evaluate these
information by taking consideration of various options. Afterwards the main rights are to make
representation and taking challenge decisions.
2.4
Prioritise question in area where there is a high global burden of diseases in fact trying to
cover all of medicine. It is observed that an individual must be facilitated to full treatment in
case having any issues related to metal level. Such as the additional decision in KK case of metal
level emphasised the need for causative nexus between the diagnostic and functional tests.
2.5
IMCA is obliged to provide the safeguard to the people who are lacking at capacity. It is
their duty to provide them proper instruction in order to make them participation in decision
making process. IMCA can various challenges such as communication with those people and to
make them understand various parameters of decisions making process.
2.6
The IMCA faces various dilemmas while practising so these dilemma can be resolved by
identifying type of dilemma which is faced by IMCA and than identify assumptions embedded in
the dilemma which keep the needs from being met. By using various alternative course of action
IMCA can face and overcome these dilemmas and provide safeguard to needy.
2.7
IMCA supports and represents the person in decision making process and tries to find out
person's past and present wished, feelings and values and than prepare a report which decision
maker has legal duty to consider it. General advocacy is an activity by an individual or group
which mainly focuses on influence decisions within political, economic and social systems and
institutions.
2.8
A formal best interests meeting is required to plan decisions needed where the issues
facing the patient very complex. The conflict of interest can be resolved by best interest checklist

are properly considered. By relevant professional and informal networks are properly consulted
one can resolve conflict of interest.
2.9
The main role of commissioner is to commission the things and work in a best possible
way so that everyone can get better treatment. Apart from this, the commissioner needs to take
care regarding evidence that rights of patients and compliance with Act are being identified and
actioned within care planning policies, guidance and training.
2.10
Supervision is very important part of every task and staff and higher authority of IMCA
needs to supervise their patient. With help of adequate supervision they can provide the better
services to their clients. So there should be a commitment regarding proper supervision of
patients or clients.
2.11
There are various other services also can be provided to the people or patient who are in
touch with IMCA. To provide these services there should be proper designation and these
designation needs to fulfil by qualifying people. The qualified people will be able to provide the
adequate services to needy people. So it is very important that there should be educated people to
serve better to clients.
TASK 3
3.1
If a person has been assessed as lacking capacity then any taken action or decision made
for or on behalf of that person must be made in best interest. The person who is supposed to
make decision is known as decision maker and normally there will be carer responsible for day
to day care or a professional such as doctor or nurse or social worker where decisions are being
made about treatment, care arrangement or accommodation need to made.
3.2
The good practice between decision maker and IMCA is that there should be synergy
between work of IMCA and decision maker so that effective decisions can be made. The

decision maker should comply with all rules and regulation which are induced by organisation
this will help to create a better working condition.
3.3
The dilemma is a situation when there is two or more alternative and one needs to select
out of these two in order to make their decisions. So this is common situation which can be
solved by analysing type of dilemma and than choosing alternative course of action for solving
issues. There are various challenges also faced such as adequate resources so by availing these
resources one can overcome these challenges.
3.4
Referrals to the IMCA services will only be accepted from decision maker or someone
authorised by decision maker in order to make referral. The legal requirement for accepting new
client is that one should be over 16 and need to from England and Wales who is not able to take
decisions.
3.5
In order to decide whether an individual has capable to make a particular decision one
must answer following questions:
Stage 1:
Is there an impairment of or disturbance in functioning of a person's mind or brain? If so,
Stage 2:
Is the impairment or disturbance sufficient which the person lacks the capacity to make a
particular decision ?
3.6
The requirement of referral is very important as according to IMCA prior to completing
the referral for an outpatient appointment. As when there is family is involved than factors need
to highlight to be taken into account before carrying out any treatments.
3.7
IMCA provides different services such as to provide the support and represent a person
who lacks capacity who is also face some decisions about where the person lives. So some
serious medical treatment and basic services needs to be provided by IMCA at different
geographical areas.

3.8
The partnership working is very important for decision maker as it helps an individual to
take better decisions in organisation. As it is very important to work in participation so adequate
decision can be taken.
3.9
The decision maker is obliged to understand relevant information about decisions, retain
information in mind long enough to make decision by itself and evaluate which information as
part of decision making process.
TASK 4
4.1
IMCA will meet the person and support them to be as included in decision as possible. It
can be made either informally or formally where they are concerns about someone's capability
and the decision does not reflect best interest decision making process.
4.2
During the decision making process there can be various concerns such as there can be
partiality among the decision taken. Apart from this, decision can be taken without any
conclusive report.
4.3
Once the decision is being made after than there can be various concern such as if any
other alternative course of action has been chosen than it would be better or if decision could
have been made on the basis of past records. These kinds of concern can be rise after decision is
being made.
TASK 5
5.1
There are resources range to support the peoples who lack of capacity. Communication is
more verbal interactions, some are as follows:
 Written information's availability in various formats.
 Whether the business environment is suitable for effective communication.
 Preferred method of communication.

5.2
The person needing the support of an advocate would tell the advocate of the act to be
done on their behalf. There are often people who really needed the support of an independent
advocate most of all, like dementia for old people, people with the learning disabilities or mental
health problem of the people. Therefore non instructed advocate will identify the wishes and
preferences through IMCA support.
5.3
The Strategies to work with the people with dementia or learning disabilities are :
 Dementia affects a person's ability to communicate, therefore individuals may need to
develop alternative ways of expressing themselves.
 Structuring the day so that activities happened in the pre planned order.
5.4
The wishes and preferences off the persons are different. The lack mental capacity peoples
wishes can be they presume to be capable, they are being supported to make their own decision,
wise decision, best interests and less restrictive option.
TASK 6
6.1
A reasonable accommodation is any adjustment or modification to the application or
hiring process, to the job, or the working condition that makes a qualified individual with a
disability in performing the essential functions for the job. Reasonable accommodations should
not be viewed as special treatment and they often benefits the employees.
6.2
A hotel is a building with interior corridors that has a various rooms are off of. A motel is
a short for motor hotel and it does not have interior corridors. Both provide the same service and
facilities for the accommodation purposes.
6.3
Home care package provide an older people who want to stay at home with access to a
range of ongoing personal services, clinical care, support service which help them with their day

to day activities. This is the program of Australian Government which provide service between
residential aged care and commonwealth home support program for older people.
6.4
The local comune may check the safety and health conditions of accommodation when a
person registers with or the changes his/her details in the registry office. For this, suitability of
accommodation certificate is granted which is a document which establishes that the
accommodation has the minimum requirements to the peoples and their families.
6.5
A qualified person with a disabilities means who is with or without reasonable
accommodation, is able to perform the necessary functions of the position. It will requires that
employers provide reasonable accommodation to be a disabilities qualified individual. It will
help the individuals to do work without more pressure.
6.6
The information source like making an job work place such that in which all the
employees feel good as of working at home. Work with accommodation can have this alternative
course, which help as an information source.
6.7
There are various laws governing the work with accommodation and the functions of
regularities bodies are:
 Operational, management and maintenance of various policies of work with
accommodation.
 Implementing the various laws of the employment and accommodation for people who
lack capacity.
TASK 7
7.1
Serious medical treatment is described as providing new treatment, tries to stop care in
case if the medical attention is already given to patient or withholding treatments which can be
offered. The following criteria for serious medical treatments are
 prolonged pain

 Distress
 Side effects of previous treatment due to reduce immunity.
 Assessed as lacking mental capacity
7.2.
The IMCA focus to accesses the related medical information and analyse the records that
further support to gather information in command to signal the decision making procedure as if
an individual is deficient capacity was able to the management. Depending on the collected
information IMCAs may be advocating within their reports for a specific course of action to be
referred by respective doctors.
7.3
It is observed that IMCAs would need to collect data about the proposed treatments and it
would have the likely impact on an individual such risk involvement, burdens, benefits and
ethical issues that are connected to a specific treatments. More impact could be on the views,
feeling, wishes and beliefs of an individual.
7.4
There are various source of information which suggest the alternative course of action for
serious medical treatment. As these information are very useful for the patient and doctor in
order to make proper treatment.
7.5
The IMCAs have the the right to seek a second medical opinion on the grounds of an
individual they are encouraging and correspond and the petition should be treated in the same
manner as if an individual requested themselves.
7.6
It is very important for seeking the second medical opinion as in many case patient do not
wants to get operated as they are afraid of something. The responsibility for determining a
faithful consultant to deliver second medical opinion rest. It is also requested by the IMCA if the
feel it is appropriate for the patient particular situation.

7.7
There are wide range of ethical issues that are connected to medical treatment as it is not
possible to explore all the ethical issues that are faced by the professional such as missing clear
information about reports, less medical equipment etc.
7.8
As it has been already stipulated that responsible bodies for serious medical treatments is
the connected NHS trust that is responsible to provide medical. They are responsible to instruct
the IMCA services where the criteria are met for SMT decision.
TASK 8
8.1
Various stages at which IMCA may be instructed within the procedure of adult protection
are raising an alert, making a referral, decision stage, strategy discussion or meeting,
investigation, case conference and safeguarding plan and review.
8.2
Situation at which IMCA represent individual during adult protection meeting are:
 When any conflicts are seen among decision makers.
 Where a decision of life changing is included.
8.3
The analysis and use of local and national protection procedures are to set out criteria of
policy in order make decisions regarding IMCA should be guided to present as well as support
those individuals who are involved in procedures of adult protection.
8.4
Guidelines for IMCA in adult protection proceedings referrals are:
 Serious exposure to risk of death, serious emotional distress, physical injury or illness,
deterioration within mental or physical health.
 If any conflict of views among decision maker about the best interest of individuals.
 Where there is financial risk abuse that that may serious effects on individuals at welfare
of risk.

8.5
Specific information regarding family and friends, social care staff, doctors are gained or
shared also some information about alleged abuse all these information are gathered by IMCA
from consulting other person.
8.6
In meeting a multi agency plan for risk assessing are formulated, some protection needs
are addressed and plan for any assessment are passed. So, it is important to attend the meeting in
order know who may lead investigation and so on.
8.7
Some Protection plan are formulated in adult protection strategy meetings are non
domestic violence plan which is formed to safe individuals from any kinds of violences. Non
physical abuse plan, this plan is made in order top save person the mistreatment(abuse) as well as
data protection plan and child protection plan are also developed.
8.8
Issues such as lack of communication, not proper information, lack of consent and so on
are involved in communicating with families in adult protection cases. Due to all these problems
difficulties occurred.
TASK 9
9.1
The issues regarding equalities, potential discrimination, child protection, data protection
should be addressed within IMCA report so that individuals have knowledge about that
problems.
9.2
 IMCA personal opinions
 Confidential information of third party
 Inappropriate quotations
 Information that are out dated

9.3 IMCA report
IMCA services details referral details involves data received, eligibility criteria results,
actions considered by IMCA, Proposal of decisions, health and social care records detail,
researched information are included in this report. Along with this conclusion which articulates
findings and there effects on proposed decisions.
9.4
Some good practices like quality services, relevancy, accuracy are to be there while
recording case work. If relevant as well as accurate information are recorded then unnecessary
materials are neglected and only exact cases are mentioned.
9.5
The impact of data protection legislation on the recording of work are it keeps recording
work safe and secure, less chances of frauds, cases and activities that are recorded are according
to legislations. The people who are over 16 and unable to make their decision are eligible for
taking admission at IMCA. There are various IMCA reports which shows the patient in depth
details.