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The Principle Of The Mental Capacity Act 2005

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The Principle Of The Mental Capacity Act 2005
I considered the Care Act 2014 as the principle legislation; but crucially the Mental Capacity Act 2005 was a fundamental piece of legislation implement before I proceeded with any intervention. The act is underpinned by five key principles which are listed in section one of the act. Using the first three principles supported the process before or at the point of determining, that Alan lacked capacity therefore the final two principles supported me in the decision-making process. The principles I followed when assessing Alan was 1) is to presume Alan has capacity, as he has the right to make his own decisions until the lack of capacity is determined. Principle 2) Alan was to be supported to make his own decisions, as he must be given all practical help and encouraged to make his own decisions. Principle 3) Alan has the right to make unwise decisions, even if others or I regarded the decisions as unwise or unconventional, having unwise decisions does not mean lacking capacity. Principle 4) as the lack of capacity was established, best interest’s decisions will be made on behalf of Alan and principle 5) all decisions made must be the less restrictive option for Alan (Brown, et al, 2015). …show more content…
The wishes and views of people with dementia must always be paramount when discussing their opinions and needs; this was a major concern I had regarding the family. Even though symptoms of dementia have a devastating effect on a person’s life, the progression of Alan’s dementia does not hinder him expressing his views (dementiauk, 2015); this was articulated to all family members, with no

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