2949R.GP The Mental Capacity Act (Thurrock MCA)

Everyday, you make decisions about the clothes you wear, the food you eat and what you do. Sometimes though, you will be asked to make harder decisions about the care and treatment that you receive. Therefore, it is important that you know that there are some safeguards that protect you and support available to help you. Firstly, there is a law called the Mental Capacity Act 2005 which says that the people who care for you must assume that you can make decisions for yourself unless it has been proven that you can't. This means that people shouldn’t be making a decision for you unless you have given them permission, or they have shown that you can't make the decision for yourself. Secondly, the law says that you must be given all the practical support and information you need to help you make a decision. So, if you want more information before you decide, ask for it. And if you want the information explained in a different way, perhaps by using a simpler document, or a translator, or by somebody else, again you should ask to be helped in these ways. Sometimes, the people that care for you may have to conclude that you can't make the decision for yourself. They will ask themselves: Do you understand? Can you remember the information long enough to make a decision? Can you use that information to reach a decision? And can you communicate your decision?  If you can’t, then somebody else will need to decide for you. This may be your carer, your doctor or a member of your family. If they are going to make a decision for you, they need to think about what is best for you. This is called a ‘best interest decision’. They need to think about what you would want or like, and whether you have any beliefs that may influence your decision, such as your religion. And when they have decided, they must always stop and ask themselves whether they could do something else that would interfere less with your basic rights and freedoms. For example, they may decide that it would be unsafe for you to go to the shops. But perhaps they could go with you so that you can still go out. If you are concerned that in the future, you might not be able to make decision for yourself you can nominate someone to make decisions on your behalf. More information about this can be obtained from the Office of the Public Guardian. For more information on the Mental Capacity Act 2005 please contact us on the phone number or website shown at the end of the video.