Question
According to the Mental Capacity Act what does it mean if an individual is lacking capacity? Choose one option then select Submit. Remember Choose 1 option They are unable to make a decision due to a mental impairment or disturbance. They are unable to complete a task due to a physical impairment or disability. They are able to make a decision despite having a mental impairment or disturbance.
Answer
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(364 Votes)
Quentin
Elite · Tutor for 8 years
Answer
They are unable to make a decision due to a mental impairment or disturbance.
Explanation
The Mental Capacity Act (2005) applies to England and Wales and provides a framework for making decisions on behalf of individuals who lack the mental capacity to do so. This Act protects the most vulnerable people in our society. It was designed to empower and protect these individuals and assist them in making their own decisions whenever possible. It is deemed that a person lacks capacity if they are unable to make a decision on their own due to a mental impairment or disturbance. This might be because of a learning difficulty, mental health problem, brain injury, dementia, or substance misuse. The Mental Capacity Act does not denote someone lacks capacity simply because they have a physical disability or impairment that prevents them from completing a task. It's all about their mental ability to understand, weigh up information and communicate their decisions, not their physical capability to carry out duties or responsibilities.