The Mental Capacity Act 2005 (MCA) places a statutory duty on healthcare staff (doctors, dentists, nurses, therapists, radiologists, paramedics etc) to assist individuals who may lack capacity to make their own decisions and permits those who have capacity to plan for a time when they may not, by creating an advance decision or a Lasting Power of Attorney. Research since the introduction of the MCA suggests that clinicians and other healthcare staff know very little about the Principles of the MCA or how they could demonstrate compliance with the MCA.

The Deprivation of Liberty Safeguards became effective on the 1st April 2009 and is also part of the MCA. The safeguards apply to people in England and Wales who have a mental disorder and lack capacity to consent to the arrangements made for their care and treatment, which may amount to a deprivation of their liberty in hospitals and care homes.

Key Issues for the day

• Introduction to the Mental Capacity Act
• Advance Decisions and Lasting Power of Attorney
• Capacity
• Consent and Best Interests
• The Role of the Independent Mental Capacity Advocate (IMCA)
• Documentation and Protection from Liability
• Children and Capacity
• Deprivation of Liberty Safeguards
• Specialist views of the MCA 2005

For further information, please contact Clare Carter at: clare.carter@swdc.org.uk or Tel: 01278 432002