Essay on Mental Capacity Act (MCA) of 2005

Added on -2020-07-22

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Mental Capacity Act
The Mental Capacity Act (MCA) 2005 is designed to defend and empower the individuals who
may lack the mental ability to make their own decisions related to are and treatment. It is
applicable to individuals aged 16 and above. In case if they lack the capacity to make their own
decision MCA also help people to express their preferences for care and treatment (Clough,
2017). They hire a trusted human that would help and assist them to make decision on their
This essay will examine the MCA act of 2005 by taken into consideration the rights of
individuals through this Act. It will also represent the clear understanding of MCA by
practitioners and implementing it into regular work. It will discuss and explore the deprivation of
liberty and the 'Bourne wood Gap'. The evaluation of MCA in light of the House of Lords
Scutiny Document will also be conducted through this report.
Examining the Mental Capacity Act (2005) by considering the rights of individuals
The MCA Act of 2005 is an Act of Parliament of the United Kingdom that was applied to
England and Wales. The main goals and objective of this Act was to develop a authentic
framework for making decisions on behalf of people who may lack the ability to make specific
decision for themselves. There are five principles that need to followed and admired in this Act.
In order to protect adults who are not able to enough to make out their own decisions ,but also to
enhance their power to make decisions or to indulge in decision making process so far as they
are able to do so (Kitzinger and Kitzinger, 2017).Unless it has been established that he/she lack
capacity a person must be assumed to have a capacity. The assessment need to be made to make
sure that a specific person lack the power and ability to make decisions by themselves.
Unless all practicable steps to help him/her to do so have been taken without success a
person is not to be treated as unable to make a decision. In order to make a person able to
understand things easier various information in format must be provided .No such treatment to
be given to person as unable to make a decisions as he/she can make an unwise decisions. Every
human being on this planet have the right to make their life decisions by themselves ,where they
posses the ability to do so (NHS Mental Capacity Act 2005. 2017). If any decision is made on
the behalf of other person then it need to be of best interests for him/her.
The judgement can be made through assessment whether the person have the capacity to
make their choices or not. The decisions that is made by this Act must meet the purpose in an
effective way by seeing to it that is is less restrictive for the rights of human and freedom of
There are various people who may lack the ability to make decision for themselves. They
may be dementia,a severe disability due to learning,injury in brain,a stroke and sudden accidents
or mental health condition. They may not be able to make out particular decisions just because a
person have one of these condition (Wilkinson and Wilkinson, 2017). In order to consider when
deciding what's is an individual's best interests the MCA sets out a checklist of things. These are
as follows-:
Motivating the participation - In terms of motivating and encouraging the individuals to take a
part they will do whatever is possible for themselves
Recognition of relevant circumstances - If they are making the decision themselves they would
look for the individuals lacking capacity to take them into account.
Finding the viewpoint of individuals-This may include the present and past wishes and feelings
or any other belief and values of the individuals.
Avoiding discrimination - No assumptions need to be made on the grounds of
age,appearance,condition or behaviour.
Assessing to regain the capacity of individuals - They can also take decisions to postpone till the
time period individuals can regain the capacity to make their own decision.
To make out decisions to decide whether the individual lack the capacity to make a
specific decision or not various things need to be considered to make decisions for themselves.
For an instance the information that need to explained must in a simple and easier way that can
be easily understood (Modgill, Bryant and Moosajee, 2017).
Considering the understanding of MCA by practitioners and its implementation
The use of MCA can be considered in health and care organization as the patients there
are are not capable enough to take their decision by themselves so they require people who can
take decision on their behalf. The Mental health care Act also provide advance care planning,that
will give a person the power and right to make their own choices and decisions related to their
health care treatment in the upcoming time period for a time when they have no capacity to make
choices for themselves.
This type of care planning can be conducted by people at the age group of 18 years and
considered to possess mental capacity. Except for those actions that need to keep a person

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