Applying relevant legislation and policy

The MCA provides principles and check-lists but does not define an answer for every case so, there may be differences of opinions, changes to decisions and variations in assessments of capacity at different times, by different professionals. These complications can delay decisions and add to the complexity of the decision-making process but are paramount to the lawful basis of decisions made and the legal and professional accountability of practitioners. 

Knowledge about law and policy enables practitioners to work safely and legally, for example, to know they need to check whether the individual has recorded any Advanced Decisions to Refuse Treatment (ADRT), appointed any Lasting Power of Attorneys for Health & Welfare (LPA) or have a Court of Protection Deputy in place.