What three factors must be considered in the acid test for dolls?
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What three factors must be considered in the acid test for dolls?
The acid test states that an individual who lacks the capacity to consent to the arrangements for their care and is subject to continuous supervision and control and is not free to leave their care setting, is deprived of their liberty and should be the subject of a DoLS application (where they are in a care home or …
What is a Section 21A challenge DoLS?
Where a DoLS authorisation is in place the route to challenge is an appeal to the Court. This is known as a section 21A appeal. This involves considering first the persons capacity to bring an appeal and then whether their wishes can be evidenced from their preferences or from their behaviour.
How long is an urgent Authorisation valid for?
seven days
What age does DoLS apply to?
They have rights under article 5 of the European Convention on Human Rights not to be deprived of their liberty without legal authorisation. However, the Deprivation of Liberty Safeguards only apply to people who are 18 and over.
What happens in a mental capacity assessment?
The MCA says that a person is unable to make their own decision if they cannot do one or more of the following four things: Understand information given to them. Retain that information long enough to be able to make the decision. Weigh up the information available to make the decision.
What is an independent mental capacity advocate?
The Mental Capacity Act 2005 introduced the role of the independent mental capacity advocate (IMCA). IMCAs are a legal safeguard for people who lack the capacity to make specific important decisions: including making decisions about where they live and about serious medical treatment options.
What is the difference between an IMCA and an advocate?
IMHA does not replace other forms of advocacy or legal support, but can work with them. IMCA provision is a separate statutory duty to provide non-instructed advocacy for people who lack capacity to make certain decisions and who have no one able to support and represent them.
Can someone be sectioned under the Mental Capacity Act?
This is a law that applies to England and Wales which allows people to be detained in hospital (sectioned) if they have a mental health disorder and need treatment. You can only be kept in hospital if certain conditions are met. See our pages on the Mental Health Act for more information.
What is the purpose of an independent advocate?
The role of an independent advocate is to support and represent the person and to facilitate their involvement in the key processes and interactions with the local authority and other organisations as required.
Who is responsible for assigning an advocate?
Under the Care Act, the Local Authority must arrange for an Independent Advocate to be available to represent and support the person (or carer) if: There is no appropriate other person to support and represent them; and.
What can an advocate help with?
An advocate can:
- listen to your views and concerns.
- help you explore your options and rights (without pressuring you)
- provide information to help you make informed decisions.
- help you contact relevant people, or contact them on your behalf.
- accompany you and support you in meetings or appointments.
Do you have to pay for an advocate?
Advocates may act on a speculative (“no win no fee”) basis. In these circumstances, you will only have to pay the Advocate’s fee if you are successful. If you are eligible for legal aid, legal aid may in appropriate cases cover the services of an Advocate.
