The Mental Capacity Act 2005 & Decision Making

7 October 2008

19 May 2009

TRAINER:

Jean Gould

CPD POINTS: (Accredited by The Institute of Legal Executives and The Law Society)

5 Hours

This new course reviews key legal and practice principles that apply when dealing with people of limited mental capacity, including the new Mental Capacity Act 2005. It explains how the law determines whether an individual has ‘sufficient capacity’ to make a decision; the rules concerning confidentiality and the rights of third parties (families / advocates) to personal records; and the mechanisms for substitute decision making

AIMS

·        to provide a clear explanation of the law as it applies to mental incapacity

·        to understand the concept of confidentiality and its limitations

·        to understand the legal mechanisms by which third parties may make decisions for a mentally incapacitated person

INCLUDES

·        an introduction to the law of capacity and the various principles that are applied when deciding whether a person has sufficient ability to make a specific decision

·        the various mechanisms for substitute decision making, including the new ‘Lasting Powers of Attorney’ the new Court of Protection ‘deputies’ and appointeeships

·        a detailed consideration of the provisions of the Mental Capacity Act 2005

·        living wills and ‘advance directions’

·        the new procedures to protect vulnerable adults using ‘declaratory relief’
mental capacity and deprivation of liberty