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Many religious communities have an ageing population and encounter the same issues as the rest of society when caring for frail members of their community. However, for religious communities when a religious lacks capacity or is in ill health, these problems are often exacerbated due to a lack of understanding amongst outside agencies such as the medical profession, and even in some cases families, about what it means to be a member of a religious community and how the religious would want their wishes to be ful lled. Because of
the unique relationship between the religious and the other members of the religious community, the key issue for a religious is to ensure that their wishes take precedence and remain consistent with their religious beliefs and vows. This can be achieved by using the provisions of the Mental Capacity Act 2005.
WHAT ABOUT "NEXT OF KIN"?
It is important to understand that, under English law, the term “next of kin” has no legal meaning. Individuals are often asked to nominate their next of kin when admitted to hospital or registering with a GP but such a nomination actually confers no legal rights or responsibilities. It merely enables someone to be noti ed in the event of a medical emergency. Medical professionals will, if appropriate, take into account the views of the next of kin when making decisions on behalf of the patient. However, the next of kin cannot make decisions regarding medical care and cannot override any previously stated decisions of the patient.
WHO MAKES THE DECISIONS IF SOMEONE IS UNABLE TO DO SO THEMSELVES?
If a person lacks capacity, decisions must be made on their behalf. Such decisions can range from everyday choices about what a person wears and what they eat, to more fundamental issues about how their money is invested or spent, where they live and what medical treatment they receive. If the incapacitated person has appointed an attorney or if the Court of Protection has appointed a deputy to make decisions on their behalf then the appointed representative will be able to make the decision in question. If there is no-one appointed then the professionals involved in that person's care will have to come together to make a decision in accordance with the terms of the Act. The Act came into force in October 2007 and provides a framework and guidance for those making decisions on behalf of someone who lacks capacity to make
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