With the establishment of the Mental Capacity Act comes the Independent Mental Health Advocacy which was introduced in 2007 under the amendments of the Mental Health Act 1983. An Independent Mental Health Advocate is a specialist advocate with legal rights to the IMHA which is not available to all advocates. What this means exactly is that an Independent Mental Health Advocate may meet with qualifying patients in private; consult with who are professionals concerned with the patient’s care and treatment;
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Do you think that Sarah has been deprived of her liberty in hospital and should have had a Deprivation of Liberty assessment? Give a detailed explanation for your answer. (20 Marks) Sarah makes reference to going home and on 2 occasions she has left the ward and is now under considerable supervision with restraint procedures in place. She is also been
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Deprivation of liberty quite literally is any policy or action that deprives one or takes away their right of liberty and freedom. Under some conditions and cases‚ deprivation of liberty is permitted and even justified to an extent. However depriving one of his/her liberty in the absence of such conditions‚ through detainment‚ arrest‚ interrogation‚ incommunicado etc.‚ are not acceptable under the International Covenant on Civil and Political Rights. Many a times‚ deprivation of liberty involves
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Mental Capacity Act The Mental Capacity Act was passed in 2008 in Parliament so that Singaporeans can appoint proxy decision-makers before they become mentally incapacitated by illnesses like dementia or brain damage. The Act‚ which came into force on 1 March 2010‚ is broadly modelled on the UK’s own Medical Capacity Act 2005 (Gillespie‚ 2010) and individuals can do so through a new statutory mechanism called "Lasting Power of Attorney" or LPA – which enables adult individuals to prospectively
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A REPORT OF THE ROLES OF THE DIFFERENT PROFESSIONALS INVOLVED IN MENTAL HEALTH. To HEALTH. To provide advocacy to qualifying patients as defined in the 2007 Mental Health Act Code of practice independent mental health advocate in Northumberland. 1 To offer one-to -one advocacy and promote‚ develop and support other forms of advocacy as required. 2 To support individuals to speak for themselves‚ or to represent them where they are unable to speak for themselves if required. 3 To complete all relevant
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THE FIVE STATUTORY PRINCIPLESThe five principles are outlined in the Section 1 of the Act. These are designed to protect people who lack capacity to make particular decisions‚ but also to maximise their ability to make decisions‚ or to participate in decision-making‚ as far as they are able to do so. There is a lot of detail in the MCA but there are some key principles that are important to understand. 1 All adults have the right to make decisions for themselves unless it can be shown that they
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principle of informed choice 4.3 Explain how issues of individual capacity may affect informed choice 4.4 Propose a strategy to manage risks when balancing individual rights and duty of care in own area of responsibility Mrs X has diagnoses of early stage of dementia moved in to our community from her own home‚ where she was independent and on the assessment family did not mention any concerns. Mrs X moved in to independent living where on the first day of admission did not show any signs
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knew that Sara had the right to accept or refuse treatment. According to the Mental Capacity Act (section 1‚ MCA) (2005) a presumption of capacity of a patient should not be made based on their medical condition‚ unless it’s been proven otherwise because every adult has the right to make their own decisions. It is important that an individual rights are protected‚ if their grounds to believe that the individual lack capacity through illness (Leathard and McLaren‚ 2007). The district nurse had to establish
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background: Determination of mental capacity: The issue of mental capacity is significant as approximately two million people in the UK are estimated to lack capacity as a result of learning difficulties‚ acute medical or mental illness that impair on their brain function . Furthermore‚ 30% of patients admitted to an acute medical ward and 44% on a psychiatric ward may lack mental capacity to make decision pertaining to the episode for which they are admitted ‚ ‚ . The Mental Capacity Act (2005) which applies
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practice and these are the Mental Capacity Act 2005‚ DOLS (Depravation of liberties)‚ The Human rights act 1998 and also safeguarding policies. The Mental Capacity Act 2005- This covers England and Wales and provides a statutory framework for people who lack capacity to make decisions for themselves. Within person centred practice those who cannot make rational or informed choices and decisions or who have capacity and want to make preparations for a time when they may lack capacity. It sets out who can
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