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I hope to make this a useful resource, not just a 'come and buy my services' blog and the comments and opinions of visitors is likely to be a big part of making the blog a success.

I look forward to hearing from you.

Stuart Sorensen

(The Care Guy)

Course outline: Understanding the Mental Capacity Act

Posted on 3:05pm Tuesday 24th Jan 2012

Many care workers are still confused by the Mental Capacity Act. Some are even frightened of it.  They believe that using the Act (and in particular assessing capacity) is complicated and requires highly trained professionals. However this is not necessarily the case.

Delivering training on legal responsibilities doesn't need to be overly complicated or boring either.

Effective training is dynamic, engaging and concerned with real life experiences and the dilemmas faced by the workers themselves. read my article on delivering this type of training in Local Government Lawyer Magazine

It is true that the MCA covers a lot of ground but far from being complex it is designed to make capacity and best interests decisions easier and to support workers in their dealings with mentally vulnerable people. Simply put the Mental Capacity Act is just an extra layer of safeguarding for people who (for whatever reason) are unable to make their own decisions.

By constantly relating the MCA to practice and by relying upon straightforward illustrations, case studies, quizzes and discussion this course builds upon existing and familiar knowledge to create a ‘picture’ of capacity, self determination, duty of care and above all ‘balance’ in the minds of the participants.

By the end of the course participants will not be experts in all the underlying legal concepts but they will have a real awareness of their responsibilities and the confidence to put that awareness into practice.

The course covers:

  • Background to the MCA & the Bournewood story
  • The five principles of the Mental Capacity Act
  • The right to self-determination versus the right to be
  • Who is ‘decision-maker’ & the role of the multi-disciplinary team
  • Assessing mental capacity
  • Understanding best interests
  • Least restrictive Interventions and what’s ‘reasonable’
  • Advance Decisions & Lasting Powers of Attorney
  • Independent Mental Capacity Advocates
  • Dealing with disagreements
  • Part 5 – ‘Protection from liability’
  • Implications for practice and the duty of care

 

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