3
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The concept of mental capacity |
Communicating the decision
The ability to communicate is person specific – understanding how someone normally communicates is important so that you can take steps to communicate using their preferred method.
If someone can do all of the above, the likelihood is that they have capacity to make the specific decision. If they cannot do one (or more) of the above, then it is important to identify whether the person has an impairment or disturbance in the functioning of the mind or brain? You may need a clinician to identify this. The impairment could be either temporary or permanent (such as concussion or substance use) and there is no requirement in the law for a diagnosis.
Next:
The “causative nexus”
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0 Introduction
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1 Reflecting on values and bias within mental capacity decision-making
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2 The history and current context of mental capacity legislation and policy
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3 The concept of mental capacity
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4 Best interests
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5 Supported decision making
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6 Deprivation of liberty: human rights
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7 MCA in clinical decisions for care and treatment
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8 MCA and the Office of the Public Guardian (OPG) role
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9 Conclusion