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A written or oral statement by which a person makes provision for healthcare decisions in the event that they become incompetent to make such decisions.
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A standard to guide substitute decision-making that takes into account the will and preferences of the person for whom the decision is being made.
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A person’s ability to make their own decisions, e.g. consent or refuse healthcare. The term “competence” is sometimes used with a similar meaning, as well as “decision-making capacity” and “mental capacity”.
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A clinical interview undertaken by a health practitioner for the purpose of deciding whether a person has decision-making capacity in respect of a specific decision(s). The assessment involves examining the mental processes a person goes through in order to arrive at a decision.
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Law that derives its authority from decisions of the courts (case law) rather than from legislation passed by Parliament.
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Court of Protection (COP)
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The specialised English court under the Mental Capacity Act which has jurisdiction over the property, financial affairs and the personal welfare of adults who lack capacity to make decisions for themselves.
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A standard of practice for health practitioners that recognises cultural diversity and working in a culturally responsive manner.
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When a person is under continuous supervision and control and is not free to leave, and the person lacks capacity to consent to these arrangements.
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Deprivation of Liberty Safeguards (DoLS)
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Safeguards introduced under the Mental Capacity Act requiring certain deprivations of liberty to be reviewed and authorised, even if the person is not actively seeking to leave the care arrangement.
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A substitute decision-maker appointed by the Court of Protection for a person who lacks capacity to make property or personal welfare decisions.
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A person who gives a power of attorney to someone else (an attorney) to make decisions on their behalf.
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Enduring Powers of Attorney (EPOA)
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A power of attorney made by a person with capacity which continues to operate, or endures, when the person loses capacity.
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An application for writ of habeas corpus is one of the common law’s oldest causes of action that allows a person to challenge the legality of their detention.
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Impaired decision- making capacity
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The inability to make legally binding decisions. The term “diminished capacity” is sometimes used with a similar meaning to reflect that capacity or incapacity is not an absolute concept and is decision specific.
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Lasting Powers of Attorney (LPA)
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The Mental Capacity Act equivalent to an enduring power of attorney (EPOA) under the PPPR Act.
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A condition giving rise to learning difficulties, especially when not associated with physical disability, including intellectual disability.
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The ability to act within the framework of the legal system.
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As understood in human rights law, this term refers to a person’s possession of rights and the ability to act on those rights on an equal basis with others. Legal capacity comprises both legal standing and legal agency.
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Being recognised as a person before the law.
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The inherent jurisdiction of the High Court to make orders in the best interests of individuals who lack capacity and who are unable to safeguard their own welfare.
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A document in which a person with capacity appoints another person to make nominated decisions for them.
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A substitute decision-maker appointed by the Family Court under the PPPR Act for a person who lacks capacity in respect of their property and financial affairs.
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A statutory office set up under the Mental Capacity Act charged with establishing and maintaining a register of lasting powers of attorney, supervising deputies appointed by the court, and investigating complaints of abuse or referrals regarding adults who lack capacity.
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Substitute decision- maker
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A person or the court with legal authority to make decisions on behalf of someone else who is unable to make that decision.
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Supported decision- making
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A process of providing support to people whose decision-making ability is impaired, to enable them to make their own decisions.
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Where there is improper pressure or coercion by one person taking advantage of a position of power over another person who may be regarded as vulnerable. A court may set aside a contract or a will and take into account undue influence in deciding whether a person has capacity.
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In English law this term refers to an adult who has capacity and therefore is not subject to the Mental Capacity Act but who is nevertheless thought to need protection from abusive relationships under the inherent jurisdiction of the High Court.
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A substitute decision-maker appointed by the Family Court under the PPPR Act for a person who lacks capacity to make care and welfare decisions.
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