Hostname: page-component-78c5997874-xbtfd Total loading time: 0 Render date: 2024-11-17T19:07:41.715Z Has data issue: false hasContentIssue false
  • English
  • Français

‘As People Get to Know It More’: Experiences and Expectations of the Mental Capacity Act 2005 amongst Local Information, Advice and Advocacy Services

Published online by Cambridge University Press:  08 December 2010

Kritika Samsi ,
Jill Manthorpe  and
Phillip Rapaport
Kritika Samsi
Affiliation:
Social Care Workforce Research Unit, Kings College London, Melbourne House, 5th Floor, Strand, London, WC2R 2LS E-mail: [email protected]
Jill Manthorpe
Affiliation:
Social Care Workforce Research Unit, Kings College London, Melbourne House, 5th Floor, Strand, London, WC2R 2LS E-mail: [email protected]
Phillip Rapaport
Affiliation:
Social Care Workforce Research Unit, Kings College London, Melbourne House, 5th Floor, Strand, London, WC2R 2LS E-mail: [email protected]
Get access Rights & Permissions [Opens in a new window]

Abstract

Information, advice and advocacy agencies are important providers of information and support to older people in the community. This study explored the role of Age Concern staff across North London in providing timely information and advice relating to advance decision-making should capacity become impaired for a variety of reasons, particularly in relation to the newly implemented Mental Capacity Act (MCA) 2005. Findings suggest that staff had varied knowledge of the MCA and most lacked confidence in providing detailed advice. Given the wide-reaching scope of the MCA, differentiating between information, advice and advocacy may be necessary.

Type
Articles
Information
Social Policy and Society , Volume 10 , Issue 1 , January 2011 , pp. 41 - 54
Copyright
Copyright © Cambridge University Press 2010

Access options

Get access to the full version of this content by using one of the access options below. (Log in options will check for institutional or personal access. Content may require purchase if you do not have access.)

References

Age Concern (2008), Transforming Lives: Tackling Poverty and Promoting Independence and Dignity through Information and Advice, London: Age Concern England.Google Scholar
Age Concern London (2009), London Care: Getting Care Right for Older Londoners, London: Age Concern.Google Scholar
Arksey, H., Corden, A., Glendinning, C. and Hirst, M. (2006), Minding the Money: Carers and the Management of Financial Assets in Later Life, Report of a Scoping Study, York: Social Policy Research Unit, http://www.york.ac.uk/inst/spru/pubs/pdf/IoA.pdfGoogle Scholar
Arksey, H., Corden, A., Glendinning, C. and Hirst, M. (2008), ‘Managing finance in later life: help from relatives and friends’, Benefits, 16, 1, 47–59.Google Scholar
Better Government for Older People (2000), Our Present for the Future: The Older People's Advisory Group's Perspective on the Better Government for Older People Programme (BGOP), Wolverhampton: BGOP.Google Scholar
Baxter, K., Glendinning, C. and Clarke, S. (2008), ‘Making informed choices in social care: the importance of accessible information’, Health and Social Care in the Community, 16, 2, 197–207.Google Scholar
Bradley, A. (2009), ‘Building up a Picture’: Emerging Lessons from the Mental Capacity Advocacy Project (MCAP), London: Age Concern England, http://www.ageconcern.org.uk/AgeConcern/Documents/27_0209_MCAP_Evaluation_report_(3).pdfGoogle Scholar
Brown, H., Burns, S. and Wilson, B. (2003), ‘Suspected financial abuse among cases administered by the PGO’, Journal of Adult Protection, 5, 2, 26–37.Google Scholar
Brown, R. and Barber, P. (2008), The Social Worker's Guide to the MCA 2005, Exeter: Learning Matters.Google Scholar
Carr, S. (2009), Personalisation: A Rough Guide, London: Social Care Institute of Excellence.Google Scholar
Counsel and Care (2008), Lifelong: A New Vision for the Wellbeing of Older People, Their Families and Carers, London: Counsel and Care.Google Scholar
Daly, G. (2009), LinkAge Plus: Benefits for Older People, Research Report No. 554, London: Department of Work and Pensions.Google Scholar
Department for Constitutional Affairs (2007), Making Decisions Booklets, Series 1 to 5, http://www.dca.gov.uk/legal-policy/mental-capacity/publications.htmGoogle Scholar
Department of Health (2007), Putting People First, London: Department of Health.Google Scholar
Department of Health (2009), Living Well with Dementia: National Dementia Strategy, London: Department of Health.Google Scholar
Department of Work and Pensions (2005), Opportunity Age: Meeting the Challenges of Ageing in the 21st Century, London: Department of Work and Pensions, http://www.dwp.gov.uk/policy/ageing-society/strategy-and-publications/opportunity-age-first-report/Google Scholar
Doron, I. and Werner, P. (2008), ‘Facts on Law and Ageing Quiz: older people's knowledge of their legal rights’, Ageing and Society, 28, 1159–74.Google Scholar
Dunn, M.C. and Clare, I.C.H. (2007), ‘Constructing and reconstructing “best interests”: an interpretative examination of substitute decision-making under the MCA 2005’, Journal of Social Welfare and Family Law, 29, 2, 117–33.Google Scholar
Dunning, A. (2005), Information, Advice and Advocacy for Older People: Defining and Developing Services, York: Joseph Rowntree Foundation.Google Scholar
Fullbrook, S. and Saunders, K. (2007), ‘Consent and capacity 2: the MCA 2005 and “living wills”’, British Journal of Nursing, 16, 8, 474–5.Google Scholar
Hill, K., Kellard, K., Middleton, S., Cox, L. and Pound, E. (2007), Understanding Resources in Later Life: Views and Experiences of Older People, York: Joseph Rowntree Foundation.Google Scholar
Langan, J. and Means, R. (1996), ‘Financial management and elderly people with dementia in the UK: as much a question of confusion as abuse’, Ageing & Society, 16, 287–314.Google Scholar
Manthorpe, J. and Samsi, K. (2009), ‘Implementing the Mental Capacity Act 2005: Challenges for Commisoners’, Journal of Integrated Care, 17, 3, 39–47.Google Scholar
Mental Capacity Act 2005, London: The Stationary Office.Google Scholar
Ministry of Justice (2007), MCA Code of Practice, London: Department of Constitutional Affairs, http://www.dca.gov.uk/legal-policy/mental-capacity/mca-cp.pdf (accessed 12 November 2009).Google Scholar
Newman, J. (2007), ‘The “double dynamics” of activation’, International Journal of Sociology and Social Policy, 27, 9/10, 364–75.Google Scholar
Office of Public Sector Information (2005), The MCA 2005, London, http://www.opsi.gov.uk/acts/acts2005/ukpga_20050009_en_1 (accessed 31 March 2009).Google Scholar
Okai, D., Owen, G., McGuire, H., Singh, S., Churchill, R. and Hotopf, M. (2007), ‘Mental capacity in psychiatric patients’, British Journal of Psychiatry, 191, 291–7.Google Scholar
Phillipson, C., Leach, R., Money, A. and Biggs, S. (2008), ‘Social and cultural constructions of ageing: the case of the baby boomers’, Sociological Research Online, http://www.socresonline.org.uk/13/3/5.html (accessed 12 November 2009).CrossRefGoogle Scholar
Pope, C., Ziebland, S. and Mays, N. (2000), ‘Analyzing qualitative data’, British Medical Journal, 320, 114–16.Google Scholar
Robinson, A., Elder, J., Emden, C., Lea, E., Turner, P. and Vickers, P. (2009), ‘Information pathways into dementia care services: family carers have their say’, Dementia, 8, 1, 17–37.Google Scholar
Royal College of Physicians, National Council for Palliative Care, British Society of Rehabilitation Medicine, British Geriatrics Society, Alzheimer's Society, Royal College of Nursing, Royal College of Psychiatrists, Help the Aged, Royal College of General Practitioners (2009), Advance Care Planning: Concise Guide to Good Practice, Series 12, London: Royal College of Physicians.Google Scholar
Schiff, R., Rajkumar, C. and Bulpitt, C. (2000), ‘Views of elderly people on living wills: interview study’, British Medical Journal, 320, 1640–1.Google Scholar
Stanley, N. and Manthorpe, J. (2008), ‘Small acts of care: exploring the potential implications of the Mental Capacity Act 2005 on day-to-day support’, Social Policy & Society, 8, 1, 37–48.Google Scholar
Sykes, W. and Hedges, A. (2008), Opportunity Age Information Indicators Feasibility Study, Working Paper No. 47, London: Department for Work and Pensions.Google Scholar
Tilse, C., Setterland, D., Wilson, J. and Rosenman, L. (2005), ‘Minding the money: a growing responsibility for informal carers’, Ageing & Society, 25, 2, 215–27.Google Scholar
Tonelli, M. R. (1996), ‘Pulling the plug on living wills: a critical analysis of advanced directives’, Chest, 110, 3, 816–22.Google Scholar