391 RFH CERT Mental Capacity Act & DOLs

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It means that a person is able to make their own decisions.
The new law says that a person is unable to make a particular decision if they cannot do one or more of the following four things: Understand, Retain, Weigh up, Communicate.
It is specifically designed to cover situations where someone is unable to make a decision because their mind or brain is affected by, for example: a stroke or brain injury, a mental health problem, dementia, a learning disability
confusion, drowsiness or unconsciousness because of an illness or the treatment for it, substance misuse.

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Contributed to: Community contributions
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Contributed by: Sian Scheepers
Authored by: Sian Scheepers, Royal Free London NHS Foundation Trust
Licence: © All rights reserved More information on licences
Last updated: 13 December 2023
First contributed: 11 September 2019
Audience access level: Full user

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