Search results for ‘Subject term:"mental capacity"’ Sort:
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Advance care planning
- Authors:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE, NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
- Publishers:
- Social Care Institute for Excellence, National Institute for Health and Care Excellence
- Publication year:
- 2019
- Pagination:
- 4
- Place of publication:
- London
Advance care planning can make the difference between a future where a person makes their own decisions and a future where others do. This short guide explains how advance care planning offers people the opportunity to plan their future care and support, including medical treatment, while they have the capacity to do so. It covers: providing information, helping people decide, developing advance care plans, and recording and sharing advance care plans. The guide has been co-produced by NICE and SCIE and is based on NICE’s guideline on decision-making and mental capacity. (Edited publisher abstract)
Manoeuvring challenging demands: care managers, the Free Choice System and older users of home care services with reduced decision-making capacity
- Authors:
- DUNER Anna, GUSTAFSSON Gerd
- Journal article citation:
- International Journal of Care and Caring, 4(4), 2020, pp.479-495.
- Publisher:
- Policy Press
The aim of this article is to describe and analyse how care managers experience and manage the Swedish Free Choice System in relation to older users of home care services with reduced decision-making capacity. The empirical data were generated by focus group interviews with care managers working in local eldercare authorities that had implemented the Free Choice System. The findings reveal that care managers used various strategies, and justifications for them, based on various coexisting logics: the market logic; the logic of public administration; and the logic of care. (Edited publisher abstract)
Giving medicines covertly: overcoming the challenges
- Author:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE
- Publisher:
- Social Care Institute for Excellence
- Publication year:
- 2019
- Place of publication:
- London
SCIE webinar, recorded 27 September 2019, covering evidence-based practical solutions for overcoming challenges to giving medicines covertly. Panel members were Cherise Howson, Pharmacist, Croydon CCG; Celia Osuagwu, Pharmacist Specialist, Care Quality Commission Medicines Optimisation Team; and Melanie Weatherley - CEO Walnut Care at Home. (Edited publisher abstract)
Giving medicines covertly: A quick guide for care home managers and home care managers providing medicines support
- Authors:
- SOCIAL CARE INSTITUTE FOR EXCELLENCE, NATIONAL INSTITUTE FOR HEALTH AND CARE EXCELLENCE
- Publishers:
- Social Care Institute for Excellence, National Institute for Health and Care Excellence
- Publication year:
- 2019
- Pagination:
- 4
- Place of publication:
- London
This quick guide will help care home and home care managers to ensure that decisions about giving medicines covertly are made in the person’s best interests. It covers: capacity and consent; making a decision to give medicines covertly; urgent decisions; and involving others. It has been co-produced by NICE and SCIE and is based on NICE’s guidelines and quality standards. (Edited publisher abstract)
Identifying a deprivation of liberty
- Author:
- GRIFFITH Richard
- Journal article citation:
- British Journal of Community Nursing, 21(1), 2016, p.52–54.
- Publisher:
- MA Healthcare
- Place of publication:
- London
The UK Supreme Court's judgment in Cheshire West and Chester Council v P [2014] fundamentally changed the approach to determining if a person who lacked capacity was deprived of their liberty by the State. The Supreme Court further held that a deprivation of liberty could occur in any care setting including a person's own home. In this article, the author discusses the approach district nurses should adopt when determining whether a patient being cared for at home is deprived of his/her liberty. (Edited publisher abstract)
Legal briefing deprivation of liberty
- Authors:
- BURTON Joanna, CLARKE WILLMOTT LLP
- Publisher:
- Housing Learning and Improvement Network
- Publication year:
- 2015
- Pagination:
- 13
- Place of publication:
- London
Drawing on the European Convention on Human Rights, the Mental Capacity Act 2005, the Mental Health Act 1983, Care Act 2014 and Equality Act 2010, as well as the March 2014 Cheshire West Supreme Court judgement on deprivation of liberty, this briefing explains relevant law and the responsibilities of social landlords. The Supreme Court judgment provided an ‘acid test’ to identify a deprivation of liberty and extended the application of Article 5 of the European Convention for Human Rights (ECHR) to those who live in their own homes (owned, rented, supported living, Shared Lives), and who lack the mental capacity to make decisions as to where they should live or the level and type of care they need and are in receipt of publicly funded or publicly arranged care services. The judgement has implications for social housing providers and this legal briefing aims to offer some guidance with regard to those implications. It is divided into two parts, the first setting out the law and the second part outlining providers' responsibilities. (Edited publisher abstract)
Guidance for local authorities in the light of the Supreme Court decisions on deprivation of liberty safeguards: ADASS advice note November 2014
- Author:
- ASSOCIATION OF DIRECTORS OF ADULT SOCIAL SERVICES
- Publisher:
- Association of Directors of Adult Social Services
- Publication year:
- 2014
- Pagination:
- 13
- Place of publication:
- London
This is the third advice note issued by ADASS in response to the Supreme Court judgement, which held that a deprivation of liberty can occur in domestic settings where the State is responsible for imposing such arrangements and entails that it may also apply to intensive care and end of life situations. As a result the number of applications for DoLs authorisations both urgent and standard continue to rise, placing enormous pressure on council DoLs teams and on the capacity of best interests assessors. This guidance reiterates that the judgement stands as law and cannot be ignored and makes a number of recommendations to ensure councils remain compliant. It also calls on the government to introduce legislative changes such as: changes to ease timescales for authorisation requests; changes which clarify that DoLs are generally not applicable in intensive care and end of life settings; and changes which will ensure everyone has the same process and protection whether they are in a community setting or a care home or hospital. (Edited publisher abstract)
Care providers and the Mental Capacity Act 2015: advice for members of care providers' boards
- Author:
- LOCAL GOVERNMENT ASSOCIATION
- Publisher:
- Local Government Association
- Publication year:
- 2015
- Pagination:
- 10
- Place of publication:
- London
Explains what the Mental Capacity Act 2005 is and why it matters and is intended to help board members of care providers ensure vulnerable service users are not missing out on protections which are their legal right. The paper briefly discusses: capacity and consent; consent on someone else's behalf; acting where people lack capacity to make their own decisions; best interests; restraint and restriction of liberty; deprivation of liberty; and ill-treatment and neglect. The paper includes a table setting out some questions board members of care providers might want to ask their officers and managers to get assurance that the MCA is being properly applied throughout their organisations. (Edited publisher abstract)
Mental Capacity Act 2005: a brief guide for providers of Shared Lives and other community services
- Author:
- LOCAL GOVERNMENT ASSOCIATION
- Publisher:
- Local Government Association
- Publication year:
- 2015
- Pagination:
- 24
- Place of publication:
- London
This is a brief guide to the main points of the Mental Capacity Act 2005 for providers of Shared Lives, Supported Living and similar schemes. It briefly explains what the Mental Capacity Act is, and why care providers need to know about it. It examines what mental capacity means, and how to decide if someone lacks capacity to take a particular decision. It explains what it means to act in the best interests of someone who cannot make a decision themselves, and how to think through what the person's best interests are. It also considers the main limits on what can be done in someone's best interest and sets out some other important aspects of the Act that care providers need to know about, looking at the role of independent mental capacity advocates, the public guardian's office, money and contracts, offences and the code of practice. (Edited publisher abstract)
Care at home: Article 8 and incapacitated adults
- Authors:
- BUTLER-COLE Victoria, GROGAN Rose
- Journal article citation:
- Social Care and Neurodisability, 3(4), 2012, pp.179-185.
- Publisher:
- Emerald
There has been a move towards social inclusion for disabled adults, with a focus on independent living. At the same time, it has been argued that there should be an assumption that incapacitated adults are best cared for by their families. This paper reviews recent cases in the Court of Protection on the issue of article 8 European Court of Human Rights (ECHR) right to respect for family life to explore whether it requires a starting point that it is in an incapacitated adult's best interests to be cared from at home. In this context, it examines the role of article 19 UN Convention on the Rights of Persons with Disabilities (UNCRPD) in the article 8 and best interests analysis carried out by the court under s.4 Mental Capacity Act 2005. It finds that the Court of Protection has made it clear that talking in terms of presumptions is unhelpful when it comes to the s.4 MCA 2005 checklist. The broad terms of s.4 require that all relevant circumstances are taken into account which would include any potential infringement of article 8 ECHR. The article identifies an argument that could be used by campaigners and practitioners who advocate for the right for disabled persons to be cared for at home. However, it notes the argument's limitations with respect to incapacitated adults and the application of s.4 Mental Capacity Act 2005.