The Act governs the care and treatment of people aged 16 or over who lack capacity to consent to it. Everyone caring for an adult who lacks capacity to make specific decisions must comply with this Act when making decisions or acting for that person.
'Mental Capacity' means a person's ability to make their own choices and decisions. Under UK law, someone's capacity is judged according to the specific decisions to be made, so a person may have sufficient capacity to make simple decisions but not more complicated ones.
When assessing capacity;
When acting or making decisions on behalf of someone lacking capacity;
DoLS is part of the MCA and is a legal framework for individuals who lack the capacity to consent to be accommodated in a hospital or care home in order to receive care and treatment. It is designed to allow Hospital or Care Homes to legally authorise restrictive care situations for those who cannot consent to them, providing the individual meets a the set criteria below known as the 'acid test' and is being 'deprived of their liberty'.
The Trust is known as the 'Managing Authority' and can authorise an urgent DoLS for 7 days with an extension of a further day if approved by the Local Authority (Supervisory Body).
Staff must first complete the MCA via ADTDashboard. Once completed, staff will need to fully complete the DoLS application which is also on ADTDashboard.