How do you test a person’s Best Interests Checklist capacity? All points of this checklist must be considered: A person will be found to lack capacity if at the time All the relevant circumstances they are making a decision about their care or Will you regain capacity so you can treatment they are unable to do one of the following: make your own decision sometime in Understand the information the future and if so, can the decision wait? Retain the Information Your past and present wishes and Weigh up and use the information statements Communicate a decision Your beliefs and values (e.g. religious, cultural or political beliefs) Also, that your lack of capacity to make a decision at Other factors you would consider if you that time a specific matter is as a result of an were able to do so (e.g. if you have or disturbance in the brain or mind’. ’Impairment dependents or pets) What happens if it is found I do not Consult others if practicable and have capacity to make a decision? appropriate on their views about what is in your best interests ( e.g. The health or social care professional will need to someone you have requested to be look at all the options available with regards to consulted, carers, relatives, specific decision in question and decide what is in attorneys, deputies or an existing your interests’. If someone has a Lasting ‘best advocate) Power of Attorney (LPA) covering this matter the You will be encouraged and permitted to person, or people, appointed by the LPA will decide participate in any act or decision made which of the options will be in your interests’. ‘best The least restrictive option must be considered, can the same result be How does someone decide what is achieved in a way that interferes less in my best interests? with your rights and freedoms, Is there a need to act at all? The MCA sets out a checklist that must be followed to ensure that decisions are made in your best interests.
How do you test a person’s capacity? A person will be found to lack capacity if at the time they are making a decision about their care or treatment they are unable to do one of the following: Understand the information Retain the Information Weigh up and use the information Communicate a decision Also, that your lack of capacity to make a decision at that time a specific matter is as a result of an ’Impairment or disturbance in the brain or mind’. What happens if it is found I do not have capacity to make a decision? The health or social care professional will need to look at all the options available with regards to specific decision in question and decide what is in your ‘best interests’. If someone has a Lasting Power of Attorney (LPA) covering this matter the person, or people, appointed by the LPA will decide which of the options will be in your ‘best interests’. How does someone decide what is in my best interests? The MCA sets out a checklist that must be followed to ensure that decisions are made in your best interests. Best Interests Checklist All points of this checklist must be considered: All the relevant circumstances Will you regain capacity so you can make your own decision sometime in the future and if so, can the decision wait? Your past and present wishes and statements Your beliefs and values (e.g. religious, cultural or political beliefs) Other factors you would consider if you were able to do so (e.g. if you have dependents or pets) Consult others if practicable and appropriate on their views about what is in your best interests ( e.g. someone you have requested to be consulted, carers, relatives, attorneys, deputies or an existing advocate) You will be encouraged and permitted to participate in any act or decision made The least restrictive option must be considered, can the same result be achieved in a way that interferes less with your rights and freedoms, Is there a need to act at all?
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