Assessing Capacity 1. Is there impairment of, or disturbance in, the functioning of the person’s mind or brain? 2. Is the impairment or disturbance sufficient that the person lacks the capacity to make that particular decision at a particular time?
Assessing Capacity • Understanding in broad terms what decision they need to make and why • Understanding the consequences of making or not making the decision • Understand, retain and weigh up information • Communicate the decision by any means
Independent Mental Capacity Advocate (IMCA) • Must be consulted in specific circumstances – When person without capacity has no one other than paid staff to consult in best interests decision where • Serious medical treatment proposed • Their residence to be arranged or changed to hospital (>28 days) or care home (>8 weeks)
IMCA • May be instructed to support someone who lacks capacity to make decisions in – Care reviews – Adult protection cases whether or not family/friends involved • IMCAs – Are advocates not decision makers – Can be bypassed in urgent clinical situations – In Nottingham provided by • POhWER 0300 020 0093 • yourvoiceyourchoice@pohwer.net
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