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Consultation now open on Decision Making and Mental Capacity Quality Standard

Decision making and mental capacity NICE quality standard Draft for consultation - November 2019

This quality standard covers decision making for people aged 16 and over, using health and social care services who may lack capacity to make their own decisions (now or in the future). It aims to support implementation of the aims and principles of the Mental Capacity Act 2005 and relevant Codes of Practice. It is not a substitute for these.

It is for commissioners, service providers, social care, health and public health practitioners, and the public.

This is the draft quality standard for consultation (from 6 November to 4 December 2019). The final quality standard is expected to publish in March 2020.

The Draft Quality Statements are:

  • Statement 1 People aged 16 and over who may lack capacity to make decisions receive support for decision making that reflects their individual circumstances and meets their particular needs.
  • Statement 2 People aged 16 and over at risk of losing capacity to make decisions, and those with fluctuating capacity, are given the opportunity to discuss advance care planning at each health and social care review.
  • Statement 3 People aged 16 and over who are assessed as lacking capacity to make a decision have a clear record of the practicable steps taken to support them and the reasons why they lack capacity.
  • Statement 4 People aged 16 and over who lack capacity to make a decision have their wishes and feelings reflected in best interest decisions made on their behalf.

The expected publication is March 2020

Read the consultation documents
Draft quality standard
Equality impact assessment

Source: NICE 5th November 2019

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