Introduction

This policy provides guidance to staff on the main aspects of the Mental Capacity Act 2005 (“the Act”) and how it applies to their work with patients who may be affected by the provisions of the Act. The Act sets out a statutory basis for the assessment of mental capacity and defines assessment responsibilities for a broad range of healthcare professionals.

 

Scope

This policy is for all staff working within Ashford and St Peter’s NHS Foundation Trust (ASPH or the Trust) either employed directly or working through an agency who are involved in the care and/or treatment of a person who is aged 16 years and older and may lack capacity.

 

Purpose

The processes outlined in this policy must be followed to ensure that individuals should be supported to make their own decisions wherever possible and, where the person is not able to make their own decision that the decisions made are in line with the patient’s best interest. The policy is aimed at ensuring that the Trust work is in accordance with the Mental Capacity Act 2005.

The Act:

  • Provides a statutory framework to empower and protect people who may lack the capacity to make some, or all decisions for themselves, temporarily or permanently.
  • Provides a framework for people who wish to plan ahead for a time when they may lack capacity.

This is key legislation that all health staff should be fully conversant and compliant with.

 

Policy Details

Download: PDF version
Compiled by: Sarah Hill, Safeguarding Adults Nurse
Ratified by: Trust Executive Committee
Date Ratified: March 2018
Date Issued: May 2018
Review Date: November 2020
Target Audience: All staff
Contact name: Sarah Hill, Safeguarding Adults Nurse