Care homes can be slow to make applications for Deprivation of Liberty Safeguards says study

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Background The Deprivation of Liberty Safeguards (DOLS) were introduced in 2009 following the Mental Capacity Act (2005). The safeguards were put in place to be used in situations where adults had been assessed as not having the mental capacity to make informed decisions about aspects of their care or treatment in care homes and hospitals. [read the full story…]

Best interests decision research reports complexity of practice and concerns about notion of capacity

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Background The Mental Capacity Act (2005) provides a legal framework for assessing capacity in individuals. Where an individual is shown not to have capacity to make a specific decision at a specific point in time, it also provides a framework for decisions to be made on behalf of that person, in that person’s best interest. [read the full story…]

Resource for families to ensure they are involved in best interest decisions

Law

We have posted a number of times recently about the Mental Capacity Act (2005) and issues relating to the knowledge of professionals about its operation. We would like to draw your attention to a new resource which is designed to help families involved in best interest decisions, to ensure they are involved. The resource has [read the full story…]

Structured assessment framework improves adherence to requirements of mental capacity act

Law

The Mental Capacity Act has created a legal framework for those supporting people with learning disabilities making decisions about the way they live their lives. The Act provides safeguards for those people who may be unable to make decisions for themselves and sets out guidance for supporters. The authors of this paper carried out an [read the full story…]