How the Mental Capacity Act Affects Those Needing Long Term Care

The Mental Capacity Act 2005 was established to protect those who lack the mental capacity to make decisions on their own.

This may be due to a stroke, dementia, accident or brain injury. Its aim is to allow adults to make decisions for themselves for example how they would like to receive medical treatment or deal with their day to day personal and financial matters.

One important function of the act is ensure that all individuals are to be treated as though they have the mental capacity to make their own decisions until they prove beyond doubt that they do not have the capacity.

In determining if someone has the mental capacity to make decisions for themselves the Mental Capacity Act has a checklist to follow. You should therefore:

  • Not make assumptions on the basis of age, appearance, condition or behaviour.
  • Consider all the relevant circumstances.
  • Consider whether or when the person will have capacity to make the decision.
  • Support the personís participation in any acts or decisions made for them.
  • Not make a decision about life-sustaining treatment ďmotivated by a desire to bring about his (or her) deathĒ.
  • Consider the personís expressed wishes and feelings, beliefs and values.
  • Take into account the views of others with an interest in the personís welfare, their carers and those appointed to act on their behalf.
Should an elderly person be deemed to have lost their mental capacity at this point a Lasting Power Of Attorney or Enduring Power of Attorney would need to be registered with the Office of the Public Guardian so that the Attorney can take over their decision making for them. If there is no EPA or LPA in existence then the Court Of Protection would appoint a deputy to look after your affairs and make important decisions on your behalf.

To discuss the issues surrounding the Mental Capacity Act 2005 then you should speak to a specialist on 0800 678 5139 today.

Freephone 0800 678 5139 Now for all you Long Term Care Advice & Needs

• What is Long Term Care?

• Things you need to consider

• How much does it cost?

• Can I stay at home?

Long Term care advice is also available from Independent Financial Advisers such as these:

SOLLA • Society of Later Life Advisers
Information on NHS Care
Carers UK