The Mental Capacity ActThe Mental Capacity Act

Rules for todayRules for today

Mental Capacity means Mental Capacity means being able to make your being able to make your

own choices and decisionsown choices and decisions

Today we will look at what Today we will look at what the Law says about:the Law says about:

• Your right to make Your right to make choices and decisionschoices and decisions

• What support you must What support you must have to help you decidehave to help you decide

• What happens if you What happens if you can’t decide for yourselfcan’t decide for yourself

Your Right to ChooseYour Right to Choose

• It’s your life!It’s your life!•You can choose how to You can choose how to

livelive•Choices like what to Choices like what to

wear, if you go out or wear, if you go out or stay in, and what time stay in, and what time you go to bedyou go to bed

Make a list or Make a list or draw some of draw some of

the choices you the choices you make in your make in your

lifelife

You can’t always You can’t always get what you want!get what you want!

• Other people have Rights Other people have Rights tootoo

• So you can’t hurt them So you can’t hurt them just to get what you wantjust to get what you want

• Sometimes you might Sometimes you might hurt yourselfhurt yourself

• Your support staff have Your support staff have to try to keep you safeto try to keep you safe

Sometimes it’s hard to decideSometimes it’s hard to decide• There might be a lot of things to think aboutThere might be a lot of things to think about• You might need help to understandYou might need help to understand• It might not be the right time or place It might not be the right time or place • You might get worried or upsetYou might get worried or upset• You might not have been allowed to make many You might not have been allowed to make many

choices beforechoices before

To make a decision you must be able To make a decision you must be able toto

•UnderstandUnderstand•RememberRemember

You also must be able toYou also must be able to

•Think about the choicesThink about the choices•Weigh them up in your mindWeigh them up in your mind

And you must be able toAnd you must be able to

•Tell someone about your choiceTell someone about your choice

The Mental Capacity Act says...The Mental Capacity Act says...• People with learning disabilities CAN decidePeople with learning disabilities CAN decide• You must have support to understandYou must have support to understand• It’s OK to make mistakes sometimesIt’s OK to make mistakes sometimes

AssessmentAssessment• If it is hard for you to choose, someone will do an If it is hard for you to choose, someone will do an

assessment. This means checking what you need assessment. This means checking what you need support with. It could be the Support Worker or support with. It could be the Support Worker or Social Worker, or a Nurse or DoctorSocial Worker, or a Nurse or Doctor

• Your Care Plan should say what support you usually Your Care Plan should say what support you usually need with making decisions need with making decisions

• If you can’t make a decision, If you can’t make a decision, other people who know you other people who know you well must choose. This is called well must choose. This is called Best InterestsBest Interests

• They must involve you and They must involve you and think what is important to you think what is important to you when they decidewhen they decide

• They might have a meetingThey might have a meeting• You may get an You may get an advocate advocate

(someone who speaks up for (someone who speaks up for you)you)

• If they can’t agree, the If they can’t agree, the Court Court of Protectionof Protection decides decides

Other ways the Law can help:Other ways the Law can help:• If you can’t choose for yourself...If you can’t choose for yourself...• You could choose who decides for you You could choose who decides for you • Ask your Keyworker or Social Worker about Ask your Keyworker or Social Worker about Lasting Lasting

Power of Attorney Power of Attorney • This person could decide for you about things like This person could decide for you about things like

your money or what support you getyour money or what support you get

Thank you and good luck with your Thank you and good luck with your choices!choices!

Rose HarwoodRose Harwoodlearningdisabilitytraining@fsmail.netlearningdisabilitytraining@fsmail.net

Tel 01453 758778Tel 01453 758778Mob 07999 516441Mob 07999 516441

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