YES impairment is present record symptoms/behaviours, any relevant diagnosis.
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1 TOOL TO ASSESS WHETHER AN INDIVIDUAL LACKS MENTAL CAPACITY Specify decision in question: Assessment questions 1. Is there an impairment disturbance in the functioning of mind brain? (permanents tempary). YES impairment is present recd symptoms/behaviours, any relevant diagnosis. NO NO impairment is not present, recd If NO the person is deemed capable - assessment is ended. 2. If yes: a) With all possible help given is the person able to understand the infmation relevant to the decision eg. What is your understanding of the decision in question? Can you tell me why you think the decision needs to be made? What do you think the consequences of your decision will be? b) Are they able to retain the infmation long enough to make the decision? YES - able to understand info. Recd views/evidence to show they understood it. YES -able to retain info, recd NO - unable to understand info. Recd steps taken to explain info and views/evidence why they did not understand it. NO - unable to retain infmation, recd any help given and c) Are they able to weigh the infmation as part of the decision making process? Are they unable to understand the consequences of making not making the decision? YES - able to weigh infmation, recd NO - unable to weigh info recd d) Are they able to communicate the decision? YES - able to communicate, recd NO - unable to communicate, recd Conclusion - If the answer to 1. is YES and the answer to any of 2. a) - d) is NO then the person lacks capacity under the Mental Capacity Act FLUCTUATING CAPACITY: Always consider whether the person has fluctuating capacity and whether the decision can wait until capacity returns. If this is the case, explain and enter reassessment date in outcome below. Outcome: Assess: 1
2 BEST INTERESTS - CHECKLIST FOR UNDERTAKING WIDER CONSULTATION Decision/action being consulted upon: In relation to Checklist of persons (person deemed to lack capacity) Date consultations were undertaken Anyone named by the person lacking capacity as someone to be consulted (specify person/s) Anyone engaged in caring f the person interested in their welfare (specify person/s) Any attney appointed under an Enduring/ Lasting Power of Attney (specify person/s) Any deputy appointed by the Court of Protection In cases where the person lacking capacity has nobody in the above 4 categies other than paid carers and faces a decision about serious medical treatment a change of residence, you will need to consult with an IMCA 2
3 BEST INTERESTS CONSULTATION - SERVICE USER Consultation with the person lacking capacity Suppting evidence (recd here note here where the infmation is recded on their case file/ SWIFT etc) What are the issues that are most relevant to the person who lacks capacity? Specify their past and present wishes, feelings and concerns in relation to this decision. What are the person s values and beliefs (eg. religious, cultural, mal) in relation to this decision? Does the person have any previously held instructions (eg. Advance Decisions) relevant to this decision? Give details Are there any other relevant circumstances that should be taken into account in this case? 3
4 BEST INTERESTS CONSULTATION - RELEVANT PARTIES Person(s) being consulted: Name (list) Role Questions Views 1. What do you consider to be in the person s best interests on the matter in question? (list names, with views opposite) 2. Do you have any infmation about the person s wishes, feelings, values beliefs in relation to this matter? (list names, with views opposite) 4
5 BEST INTERESTS - REACHING A DECISION NB. Ensure you do not make assumptions about what is in a person s best interests based on their age, appearance, condition behaviour. (principle of equal consideration - section 4(1)) Ensure that you have carried out any necessary risk assessment and that this is reflected in the best interests option chosen. Ensure that wherever possible a less restrictive option is chosen, whilst still representing best interests. Specify the different options that are being considered 1. Is this in the person s best interests - Y/N Reasons If your final decision is at odds with anybody who was consulted please highlight the reasons f your decision Decision maker: Date: Manager: Date: Produced by Hampshire County Council Adult Services Department Design by: Elevate Design Printed by: Hampshire Printing Services March 2008
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