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Mental Capacity Act Nvq 5

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THE FIVE STATUTORY PRINCIPLESThe five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions, but also to maximise their ability to make decisions, or to participate in decision-making, as far as they are able to do so. There is a lot of detail in the MCA but there are some key principles that are important to understand. 1 All adults have the right to make decisions for themselves unless it can be shown that they are unable to make them. This means that people must not assume that someone cannot make decisions for themselves just because they have a particular medical condition or disability, or because they are of a particular age or appearance. 2 …show more content…

OFFICE OF THE PUBLIC GUARDIAN A new public official, known as the Public Guardian (appointed by the Lord Chancellor) is created. The purpose of the Public Guardian is to oversee how procedures relating to capacity work in practice to ensure that those who lack capacity do not suffer abuse. The Public Guardian is to have the following roles as set out in Section 58 (1): establishing and maintaining registers of lasting powers of attorney and of orders appointing deputies and supervising deputies; directing Court of Protection visitors to visit donors or donees of LPAs, deputies or those appointing them; dealing with complaints about how an attorney or deputy is exercising his powers. It is anticipated that the Public Guardian will work closely with organisations such as local authorities and NHS bodies, and publish information describing his work. The Public Guardian also has powers enabling him to examine and take copies of relevant health, social service or care records and to interview individuals concerned in private. The work of the Public Guardian will be scrutinised by a Public Guardian Board. WHAT PROTECTION DOES THE

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