Staying healthy and use of the Mental Capacity

Staying healthy and use of the Mental Capacity Act Louisa Whait Premature Mortality Strategy Lead NHS England NHS Improvement

5 principles of the Mental Capacity Act • Assume the person has capacity unless proven otherwise • Wherever possible, the person should make their own decisions • People can make what may be considered an unwise decision • Any decision made on behalf of someone else must be in their best interests • Any decisions must be the least restrictive 2 |

What does staying healthy mean to you? • General Health • What is healthy for you now? • What was healthy for you 10 years ago? • What would be healthy for you 10 years from now? • Do you do anything that you know might not be good for your health? • Have you changed your habits over time? • How? • Why? 3 |

How do we make decisions? • Food • What food have you had today? • What food have you had this week? • What food have you had over the last 12 months? • What has influenced how and what you eat? • Exercise • What exercise have you had today • What exercise have you had this week • What exercise have you had over the last 12 months? • What has influenced how and when you exercise? 4 |

Things to consider • Working in partnership • Get experts in the room! • People who know the person well • Specialists • Challenge assumptions about the person • Practical experience (desensitisation) • How much information is needed – and what information is needed to make an informed decision? • Refusal doesn’t have to mean no, acceptance may not mean yes • When might the decision need to be revisited? 5 |