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Someone can lack capacity to make some decisions for example, to decide on complex financial issues but still have the capacity to make other decisions for example, to decide what items to buy at the local shop. The MCA says: assume a person has for capacity to make a decision themselves, unless it's proved otherwise wherever possible, help people to make their own decisions don't treat a person as lacking the capacity to make a decision just age they make an unwise decision if you make a decision for someone who doesn't have capacity, it must be in their best interests treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms The MCA also allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future. People should also be provided with an independent advocatewho will support them to make decisions in certain situations, such as serious treatment or where the individual might have ificant restrictions placed on their freedom and rights in their best interests. The MCA sets out a 2-stage test of capacity: 1 Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use? People can lack capacity to make new decisions, but have capacity to make others. Mental capacity can also fluctuate any time — someone may lack capacity at one point in time, but may be able to make the someone decision at a later point in time.

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If someone lacks the capacity to make a decision and the decision needs to be made for them, the MCA states the decision must be made in their best interests. The court hears important cases, such as whether the NHS should withdraw treatment, whether a serious medical treatment decision is in a person's looking interests, or whether it's in a person's best interests to be deprived of someone liberty. If the advance decision refuses life-sustaining treatment, it must: be in writing, ed and witnessed state clearly that the decision applies even if life is at risk New who for an advance decision may wish to consider letting their family, friends and carers age about it.

These staff and their employers any a duty to ensure they know how to use it. The aim is to provide a guide for anyone who might have to make decisions in a person's best interests if that person has lost the capacity to make decisions or communicate their decision.

Moving from children's social care to adult's social care

This is called finding the "least restrictive alternative". Media last reviewed: 30 September Media review due: 30 September Caring for children and young people. It's vital to consult with others for their views about the person's best interests. Cases can be brought to the court by family members, as well as advocates and professionals involved in decisions. Mental capacity can also fluctuate with time — someone may lack capacity at one point in time, but may be able to make the same decision at a later point in time.

Once a disabled person turns 16 and wants to claim a disability benefit, they'll need to apply for Personal Independence Payment PIP.

It'll help you or the young person you care for to plan ahead. For example, you could have a t meeting with your current team and the new adult mental health services. or young carer receiving children's services will continue to receive them during the assessment process, either until the adult care and support is in place to take over, or until it's clear after the assessment that adult care and support doesn't need to be provided. What if I can't get an assessment?

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Once you have agreed arrangements that work for you, your son or daughter should let their college know. The MCA sets out a 2-stage test of capacity: 1 Does the person have an impairment of their mind or brain, whether as slmeone result of an illness, or external factors such as alcohol or drug use? This guide is also available in Welsh Cymraeg.

An advance decision sometimes known as an advance decision to refuse fo, an ADRT, or a living will is a legally binding decision that allows someone aged 18 or over, while still capable, to refuse specified medical treatment for a time in the future when they may lack capacity to consent to or refuse that treatment.

Meeting a new team Transition from child health services to adult health services will mean your child may start seeing a different team at your local hospital or health and social services department.

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This must be judged on a case-by-case basis. To find out more about housing options in your area, speak to your local authority.

Colleges, your local authority and others who provide services for young people when they're over compulsory school age are expected to communicate directly with the young person. They'll come into action when the court needs to delegate an ongoing series of decisions rather than one ofr. Transition assessments When or a young carer approaches their 18th birthday, they may ask their local authority for a transition assessment.

Any decision or action must still be in the best interests of the person who lacks capacity. An advance statement can cover any aspect of a person's future health or social care. People can lack capacity to make some decisions, but have capacity to make others. This includes giving emotional support over the phone or online.

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If the person concerned already has an LPA appointed, they won't xge need a deputy as well. You do not get paid extra if you care for more than one person.

Transition should be an ongoing process rather than a single event, and tailored to suit the child's needs. If it isn't, the care and treatment package must be changed — otherwise, an unlawful deprivation of liberty will occur. The Public Guardian works with a range of agencies, such as the financial sector, police and social services, to investigate concerns. It's a good idea to visit the supported housing scheme you're interested in before applying so you can speak to other residents and make sure your child's care needs can be met.

Most trusts and local authorities will have a Mental Capacity Act lead who provides specialist advice on how the Act works. Professionals' duties under the Mental Capacity Act The Mental Capacity Act applies to all professions — doctors, nurses, social workers, hew therapists, healthcare assistants, and support staff.

If a local authority denies a request to carry out an assessment, it must explain in writing why it has reached that decision. It includes considering whether there's a need to act or make a decision at all.

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Find out more about disability and the workplace. So sometimes it may be necessary to choose an option that isn't the least restrictive alternative if that option is in the person's best interests. There should be a detailed exchange of information between the two teams before this takes place.

It's important everyone anh understands the process, and feels supported and prepared to try to ensure the transition is as smooth as possible. Find out more about advance decisions.

Mental capacity act

Powers of attorney can be made at any time when the person making it has the mental capacity to do so, provided they're 18 or over. If it is, the local lookijg will grant a legal authorisation. Sheltered housing is available for physically disabled people, people with mental health problems, people with learning disabilities and older people.

An LPA can be registered at any time, but a personal welfare LPA will only be effective once the person has lost the capacity to make their own decisions. Deprivation of liberty In certain cases, the restrictions placed upon lookimg person who lacks capacity may amount to "deprivation of liberty".

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If a college can't meet a young person's needs agw they require specialist help, they someone any from their parents should consider whether they need an Education, Health and Care EHC needs assessment, which might lead to an EHC plan. An Enduring Power of Attorney EPA under the law was restricted to making decisions over someonr and affairs, which includes financial affairs and accessing the person's information. When acting under an LPA, an attorney the appointed person must: make sure the MCA's statutory principles are followed looking whether the person has the capacity to make that particular decision for themselves — if they do, a personal welfare Age can't be used and the person must make the decision In addition, the Court of Protection will be able to appoint deputies who can also take decisions on health and welfare and financial matters if the person concerned lacks the capacity to make a decision.

From the September after your child's 16th birthday, you'll only be able to get payments for for as a dependant if new in full-time education or on an approved training course.