Health and Social Care

3.1 Analyse factors that influence the capacity of a individual to express consent
The term capacity is a term used loosely about the ability someone has to think logical or to make judgements, but in Health and Social Care capacity means the ability to make judgements on what they want out of the service and to make inform choices with when the correct information is provided.

The UK legislation named ‘Capacity Act 2005’ states that “Every adult has the right to make their own decisions and must be assumed to have capacity to do so unless otherwise proven”. But if you believe that someone does lack the ability to make a decision by themselves then The Capacity Act 2005 says that “A person must be given all practicable help before anyone treats them as not being able to make their own decision. Make every effort to encourage and support people to make decisions”.

If someone make a decision that you disagree or you believe is unwise, The Capacity Act 2005 states that “People have the right to make what others might regard as an unwise or eccentric decision, everyone has their own values”.

If someone is deemed not to have capacity then a DoLS (Depevation of Liberty Safeguard) should be in place which givens the power of decisions to the next of kin, carers, and home manager, care teams/managers. The person(s) in charge of the person’s decision have to act and prove that whatever decision is made is ‘in the best’ interests, if it’s not that the decision can be overturned. As The Capacity Act 2005 states “If a person has been assessed as lacking capacity, then any actions taken, or any decisions made for or on behalf of the person, must be in their best interest”.   -- "Someone making a decision or acting on behalf of a person who lacks capacity must consider whether it is possible to decide or act in a way that would interfere less with the person’s rights and freedom”.

If someone is making a decision for someone because they lack capacity, then they...