The Mental Capacity Act 2005

The Community Mental Health Act of 1963, was the first federal law that inspired community-based mental health care, and it ignited the transformation of the public mental health system (Young Minds Advocacy, 2016). Other names of the Act are Mental Retardation and Community Mental Health Centers Construction Act of 1963. It was the beginning of the Deinstitutionalized movement in mental health treatment options for children, youth, and adults (National Council for Behavioral Health (NCBH), 2015). States received money from grants, from the Community Mental Health Act for the construction of these mental health centers. Initially, the intention of the grant program was to provide 1500 mental health centers nationally (Young Minds

“Everyone has an important role to play in achieving healthcare rights and contributing to safe, high quality care. Genuine partnerships between those families and carers of people receiving care and those providing it lead to the best possible outcomes.” (Western NSW Local Health District 2012).

My chosen reflection piece is on ageism, see appendix one. I will provide evidence reflecting the links between diabetes and depression, which will form my chosen seminar topic, see appendix two. I will then critically analyze the mental capacity Act (2005) and relate it to my specific scenario, see appendix three. I will explore how nurses the Act within nursing practice, decision- making, and how we access a person’s capacity to make specific decisions. I will explore any ethical issues that may arise following the principles of Mental Capacity Act (2005).

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.

They had gotten to be too extensive, cumbersome and the framework had opened itself up to manhandle. In 1961 the Minister of Health, Enoch Powell was welcome to talk at the AGM of the National Association for Mental Health. In his discourse he reported that it the administration of the day proposed to "the disposal of by a long shot most of the nation's mental clinics." in the meantime, territorial loads up were requested that "guarantee that no more cash than should be expected is spent on redesigning and reconditioning". This declaration had paralyzed the therapeutic callings, as there had been no sign that the legislature was going to travel in this heading; just a modest bunch of trial group care programs existed around the nation. It would

* Section 1 of the mental health act 1983 was amended in 2007. This section of the act defines a mental disorder as   'any disorder or disability of mind ' it goes on to state that a “learning disability” is define as a state of arrested or incomplete development of the mind which also includes impairment of intelligence and social functioning (MHOL, 2010).

The Mental Health Services Act is a monumental proposition that has helped many people for more than a decade. In California alone, close to 1.2 million adults and around 422,000 children live with a serious mental illness (State 2010). Without the proper treatment, suicide is the leading cause of death for a person battling an untreated mental illness (State 2010). With over thirteen billion dollars raised so far, MHSA has been the root of funding for mental health in California (Williams 2015). MHSA is still a work in progress. The act is nowhere near perfect, as a recent audit has shown, but it is certainly a step in the right direction.

The law effectively covers situations in which a patient can personally consider the effects of terminated treatments, but does not provide for situations in which the patient is incompetent to inform agents of their desires. Conflict occurs when the court requires evidence for consent to end lifesaving medical treatment, which could be otherwise avoided should the Act be amended to accommodate the needs of the patient (for example, conversations held in passing being held as evidence). The Act should be amended to allow families to make the judgment rather than the patient themselves (such as in Re BWV, Ex Parte Gardner (2003) 7 VR 487, 491[19]). Although it is possible to make decisions on a patient’s behalf, clarification by the Victorian state is needed. The legislation fails to make distinctions between the patient’s desires and what is in their best

This writer develops a lobbying plan in an effort to request an appointment with a local or state representative. The purpose of the meeting is to discuss in greater detail the Mental Health Parity Act (MHPA) and the problems that have been identified by DOL and CMS. Some of the problems are a lack of consistency in services in accordance with different states, stringent rules for services, and most of all the underutilization of services. These facts have been presented by DOL to Congress. Further, this writer has a suggestion, which this writer would like for the local or state representative to consider looking into. The suggestion is for quality assurance measures to be put into place, where the rules for eligibility of services are less

Dimond (2009) and NHS choices (2016) explained consent as the process involving a person giving their approval to accept or refuse a treatment or interventions, after receiving detailed information from a health care professional about the risk or benefits of the procedure. In order for consent to be deemed valid, it needs to be given voluntarily without any influence or pressure from either a family member or clinician. In addition, the capacity of the person is important when giving consent and the ability to process the given information and make a decision. Tingle &Cribb (2014) agree, emphasizing that the autonomy of the person giving

In the course of proper identification, evaluation, and treatment, children and adolescents suffering with mental illness can conduct positive, normal lives. Nevertheless, the devastating majority of children with mental illnesses are unsuccessfully identified and the lack of treatment or support services have led to a subordinate worth of life and violence. The Mental Health Awareness and Improvement Act of 2013 (S. 689) is an inclusive bill proposed to address the extensive issue of mental health. By strongly considering the United States’ struggle against mental illness and school violence, as well as utilizing theoretical constructs to examine the Senate’s bill, a social worker can develop a more holistic perspective that can productively integrate practical insights reached from a variety of different points of view.

Policy analysis of mental health care under the ACA as well as description of how mental health care/service are organized under the ACA from federal to local levels.

It is also clear that while making these decisions, the decisions ought to be made based on informed consent (Werth and Crow 195). Sometime, the patient may be experiencing dementia, clinical depression or delirium for which they may be affecting the patient’s decision making capabilities (Werth and Crow 197, 198). If such a person is allowed to make their right-to-die decision, this may be done without the patient having comprehensive information before consent and thus should not be encouraged (Werth and Crow 198).

This film explains the legal role of advance directives in end of life issues. An advance directive is “a written document directing how medical decisions are to be made in the future when the patient lacks decisional capacity and is unable to decide and choose” (Hanlon, End of Life Issues, Slide 28, Bullet 1). All three of the cases demonstrate the importance in filling out some form of directive. When there is nothing to go off of, it makes decisions extremely tough for families and medical providers. Having legal documentation of patient wishes helps understand what treatments they would or would not consent to. In cases like

The issues surrounding assisted suicide are multifaceted. One could argue the practice of assisted suicide can appear to be a sensible response to genuine human suffering. Allowing health care professionals to carry out these actions may seem appropriate, in many cases, when the decision undoubtedly promotes the patient's autonomy. From this viewpoint, the distinctions made between assisted suicide and the withholding of life-sustaining measures appears artificial and tough to sustain. In many cases, the purpose and consequences of these practices are equivalent. On the contrary, if