Mental Capacity Act and Deprivation of Liberty Safeguards

About the MCA and DoLS team

There are 4 members of the team. There is a MCA and Court of Protection professional lead, and a MCA and DoLS practitioner, assessor and administrator.

Email the MCA and DoLS team for updates and information on the MCA and LPS.

What the MCA and DoLS team do

The emphasis of the Mental Capacity Act (MCA) and Deprivation of Liberty Safeguards (DoLS) team is to ensure peoples rights are upheld and that they remain safe from harm.

The MCA and DoLS team’s role is to ensure that the MCA is embedded and implemented into everyday clinical practice across Cornwall.

The team provide support with DoLS enquiries, community DoLS and Court of Protection applications. They also provide education and training with the development of Liberty Protection Safeguards (LPS).

The team work with Browne Jacobson on legal matters relating to the Court of Protection.

MCA and DoLS team objectives

  • To protect the rights of people regarding their health, welfare, financial affairs and property.
  • To enhance awareness of the roles and responsibility of those involved in mental capacity and deprivation of liberty.
  • To maintain professional relationships and engagement with providers to enhance the care and rights of people that require complex care.

Key principles of the Mental Capacity Act

A presumption of capacity

A person must be assumed to have capacity unless it is established that they lack capacity.

Support people to make their own decisions

A person is not to be treated as unable to make a decision unless all practicable steps to help him to do so have been taken without success.

Right to make an unwise decision

A person is not to be treated as unable to make a decision merely because he makes an unwise decision.

Best interest

An act done, or decision made, under this Act for or on behalf of a person who lacks capacity must be done, or made, in his best interests.

Least restrictive option

Before the act is done, or the decision is made, regard must be had to whether the purpose for which it is needed can be as effectively achieved in a way that is less restrictive of the person’s rights and freedom of action.

Page last reviewed: 6 July 2022

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