MCA
When acting or making decisions for someone who lacks capacity, what principle dictates the approach to their rights and freedom?
Least restrictive option
What is an Advance Decision to Refuse Treatment (ADRT) also commonly known as?
A living will
Which body has the power to make decisions on financial or welfare matters for people who lack mental capacity, or to appoint deputies?
The Court of Protection
According to the Mental Capacity Act, what is the initial assumption regarding an individual's capacity?
They are presumed to have capacity
If a person has fluctuating capacity, when should the assessment of capacity take place?
At the time the decision needs to be made
How many types of Lasting Powers of Attorney (LPAs) are there?
Two distinct types
The Deprivation of Liberty Safeguards (DoLS) are an amendment to the MCA, protecting people aged 18 or over in which settings?
Hospitals and care homes
The Mental Capacity Act states that an unwise decision, in itself, does not mean what?
They lack the necessary capacity
How many core principles are there in the Mental Capacity Act 2005?
Five guiding principles
Any act done or decision made on behalf of a person who lacks capacity must be performed in their what?
Best interests
Who is responsible for assessing an individual's capacity for a specific decision?
Anyone involved in the person's care who needs to make a decision
For an ADRT to be valid and applicable, the person must be 18 or over, have capacity when they made it, and what else?
Not have withdrawn it when they had capacity
Who is responsible for authorising a Deprivation of Liberty Safeguard?
The local authority or health body (supervisory body)
The second stage of the capacity test determines if the impairment prevents the person from doing what, in relation to a specific decision?
Understanding, retaining, using, or communicating the decision
When must an IMCA be appointed for a person who lacks capacity?
When decisions about serious medical treatment or long-term accommodation are being made, and there are no appropriate family or friends to consult
Who has the burden of proving that a person lacks capacity?
The person asserting that the individual lacks capacity
Before concluding someone lacks capacity, what must be done?
Take all practical steps to help them decide
What are the two stages of the capacity assessment process under the Act?
Impairment and functional test
When determining best interests, whose views should be considered where appropriate?
The person lacking capacity, their family, and carers
For which aspect of a person's life is capacity always assessed?
A specific decision at a specific time
What is the primary purpose of a Lasting Power of Attorney (LPA)?
To appoint someone to make decisions on your behalf if you lose capacity
The Mental Capacity Act 2005 applies to individuals aged how old and above?
16 years old and above
The first stage of the capacity test asks if a person has an impairment of, or a disturbance in the functioning of, what?
Their mind or brain
What type of decisions can an attorney make under a Property and Financial Affairs LPA?
Managing bank accounts, selling property, and paying bills
What type of decisions can an attorney make under a Health and Welfare LPA?
Daily care, medical treatment, and living arrangements