Making Decisions When You Can't: Understanding the Mental Capacity Act
Navigating through life's uncertainties can be challenging, especially when it comes to our health and personal care. The Mental Capacity Act ensures your welfare is looked after, even if you're unable to make decisions yourself. Here's how it works :
Healthcare & Medical Treatment
Professionals may make decisions about various healthcare needs, such as:
- Diagnostic examinations and tests
- Treatments, surgeries, or medical operations
- Life-supporting measures like artificial breathing or feeding
- Blood transfusions and sample collections
- Routine medical care like chiropody or physiotherapy
Everyday Care
For routine matters, carers can undertake actions like:
- Administering regular medication
- Providing necessary nursing care or emergency treatment
- Organising hospital visits
Your Wishes: Advance Decisions and Power of Attorney
Your previously expressed wishes are paramount. Healthcare decisions will defer to :
- Any advance decision you've made about specific treatments
- The wishes of an attorney you've designated in a lasting power of attorney
- Decisions by a court-appointed deputy or the Court of Protection
Welfare and Personal Care Decisions
Day-to-day welfare decisions encompass :
- Living arrangements and social interactions
- Personal hygiene and nutrition
- Organising shopping, cleaning, and personal services
- Managing communications and social care services
In most cases, these decisions don't require court permission but must align with your best interestsbest interests.
When Day-to-Day Decisions Are Restricted
Certain appointed individuals or bodies have overriding authority in your personal welfare decisions, including :
- An attorney under a lasting power of attorney
- A personal welfare deputy
- The Court of Protection
In specific instances, like being sectioned under the Mental Health Act, your clinician might have the authority to make overriding decisions regarding your treatment.
Planning Ahead
To ensure your wishes are respected, consider :
- Making an advance decision on specific treatments
- Appointing a trusted individual with a lasting power of attorney
Without Prior Planning
If you haven't made arrangements and lose capacity, the Court of Protection may intervene by :
- Making decisions on specific issues
- Appointing a deputy to handle your affairs
By understanding and planning with the Mental Capacity Act, you can ensure that your health, welfare, and personal preferences are respected and upheld, even when you're unable to make those decisions yourself.