[ORGANISATION NAME] upholds and applies the five statutory principles of the Mental Capacity Act 2005 in all care and support decisions.
A capacity assessment must be conducted when there is reason to believe that a person may lack capacity to make a specific decision at a specific time. Capacity is decision and time specific โ a person may lack capacity to make complex financial decisions but retain capacity to make decisions about their daily care.
The two-stage test requires: Stage 1 โ Is there an impairment of, or disturbance in, the functioning of the person's mind or brain? Stage 2 โ Does that impairment or disturbance mean that the person is unable to make the specific decision? A person is unable to make a decision if they cannot: understand information relevant to the decision; retain that information; use or weigh that information; or communicate their decision.
Where a person lacks capacity, any decision made on their behalf must be in their best interests. The decision-maker must consider: the person's past and present wishes, feelings, beliefs, and values; the views of family members, carers, and advocates; and whether the decision can be delayed until the person may regain capacity.
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