Getting People Involved in Managing the Consortium
Getting People Involved
Relatives Forum
Understanding the Mental Capacity Act: Consent and Best Interests.
Relatives’ Forum Held on Wednesday 11th May 2011.
Our guest for the evening was Chris Griffiths, Consultant Nurse for Learning Disability Services.
Chris gave a short presentation on ‘Understanding the Mental Capacity Act: Consent and Best Interests’ followed by an informal discussion about the Mental Capacity Act in practice and the impact it has on Service Users and their relatives.
The Mental Capacity Act 2005, covering England and Wales, provides a statutory framework for people who lack capacity to make decisions for themselves.
It sets out who can take decisions, in which situations, and how they should go about this. The Act received Royal Assent on 7 April 2005 and came into force during 2007.
The term ‘a person who lacks capacity’ means a person who lacks capacity to make a particular decision or take a particular action for themselves at the time the decision or action needs to be taken.
The underlying philosophy of the Act is to ensure that any decision made, or action taken, on behalf of someone who lacks the capacity to make the decision or act for themselves is made in their best interests.
Working out what is in someone else’s best interests may be difficult, and the Act requires people to follow certain steps to help them work out whether a particular act or decision is in a person’s best interests.
There was a short discussion on the role of the Personal Welfare Deputyship;
The Court of Protection has powers to appoint deputies to make decisions for people lacking capacity to make those decisions.
Once a deputy has been appointed by the court, the order of appointment will set out their specific powers and the scope of their authority.
When making decisions, deputies should follow the Act’s statutory principles and apply the ‘best interests’ checklist and not allow their own personal interests to influence the decision.
Chris has offered to return to talk to us again on this topic or any other health issues at a later date.
Later this year, we would like to tell relatives about our plans to deliver a more person centred service which will ‘support people to live the life they choose’ and the most efficient way of doing this.
Don’t forget that if you want to raise any issues with the Relative Representatives on The Board, or if there are any topics you would like us to discuss at future meetings, please ring the individuals on the numbers below:
Janice Connick-Evans, on 01639 701040 or
Cliff Alden on 01792 323295,
or you can ring
Wendy Evans
or Chris Brian at the Consortium Office on 01792 646640.
All meetings are held at the Consortium Office in Walter Road between 5pm and 6.30pm. Wendy Evans will be writing to those relatives who have already requested information about the Forum before each meeting so if anyone else would like to be added to the list please give us a ring or just turn up on the day, call Wendy on 01792 646640 or send a letter care of the Consortium Office.