The Care Act helps to protect people’s independence and wellbeing. It states that local authorities must provide or arrange services that help prevent people developing needs for care and support or delay people deteriorating such that they would need ongoing care and support.
The CoP is a court that deals with decisions or actions under the Mental Capacity Act. Someone would need to apply to the court if someone needs permission from them to make decisions about your health, welfare, financial affairs or property.
Deprivation of liberty means taking someone's freedom away. In 2014, a Supreme Court judgement decided that someone is deprived of their liberty if they are both 'under continuous supervision and control and not free to leave'
An LPA is a legal document that lets a person appoint one or more people to help them make decisions or make decisions on their behalf, if they cannot make their own decisions. There are 2 types of LPA: health and welfare/property and financial affairs.
LPSs protect the rights and wishes of adults who are or need to be deprived of their liberty to enable their care or treatment and lack the mental capacity to consent to their arrangements. LPS will replace the Deprivation of liberty Safeguards (DoLS) system in 2022.
The MCA was designed to protect and empower people over 16 who may lack the mental capacity to make their own decisions about their care and treatment. It covers decisions about day-to-day things, as well as serious life-changing decisions.
The Ministry of Justice works to protect and advance the principles of justice, by ensuring that sentences are served, and offenders are encouraged to turn their lives around and become law-abiding citizens.
Someone acting on behalf of a person who lacks capacity must consider whether it is possible to act in a way that would interfere less with the person’s rights and freedoms of action. Any intervention should be proportional to the particular circumstances of the case.
Time-specific with the exception of urgent or emergency treatment, it is important to support an individual to make a decision at the time most optimal for them. Decisions may need to be delayed or timed when the person is best able to make the decision themselves.