Following on from our blog on the Best Interest Decision process, in this blog, we look at the role of the decision maker, and how they are identified. We also consider ‘viable options’ and what circumstances may be relevant to the decision.
Read More »Best Interest Decisions in everyday practice: Part 2
A Best Interest Decision is the step that is taken if a person is found to lack mental capacity for a specific decision at a specific time. It is not a single action, but rather a dynamic process that aims to uphold the individual’s rights, keeping their thoughts, feelings, beliefs and values at its heart, while also consulting with all relevant parties to weigh up the viable options.
Read More »Best Interest Decisions in everyday practice: Part 1
Litigation capacity is a person’s ability to conduct legal proceedings. It is a dynamic and longitudinal process, requiring active understanding, retention and use of salient information to weigh up related decisions and give direction to a legal representative.
Read More »What is litigation capacity and why is it important?
A Best Interest decision (Section 4, Mental Capacity Act 2005) is a legally directed process that must be followed when a person has been assessed to lack capacity to make a specific decision at a specific time. By describing the process as ‘Best Interest’ it is purposeful reminder to all those involved that it is a decision that should be made in the Best Interest of the individual, and not any of the other involved parties.
With this in mind, it is therefore absolutely essential that the individual’s preferences, thoughts, wishes, values and beliefs are established before any Best Interest decision can be made.
Read More »Importance of wishes, beliefs and values in Best Interest decisions
The term ‘insight’ is often used by health and care professionals. For example, it may be recorded that a person ‘lacks insight’ into their toileting personal care needs. By which, the professional may be seeking to state (in a diplomatic way) that the person does not recognise when they have been incontinent.
The term is also used in other contexts in the care setting as well. For example, that a person may ‘lack insight’ into their mobility as a result of their dementia. By which the professional may be indicating that the individual’s falls are due to their impaired short-term memory and orientation, and that they are not able to process that their movements have deteriorated due to their Parkinson’s-related dementia which is causing them to have increased falls.
Read More »Mental Capacity and Insight
In the Court of Appeal case of Re Sudiksha Thirulamesh (dec’d) (2024, EWCA Civ 896), the concept of a person’s belief on decision-making was brought to the forefront. For all assessors of Mental Capacity, this case is highly recommended reading.
Read More »Mental Capacity and the role of ‘belief’ in decision-making
Consent and capacity are intrinsically linked. If there is a ‘reasonable belief’ that a person is unable to make an informed decision with support, then… Read More »Consent to treatment under the Community Mental Health Team
Supported capacity is the second principle of the Mental Capacity Act (2005). It directs that all reasonable adjustments should be provided to support the individual to make an informed decision. This is further echoed in associated legislation of the Equality Act (2010) and the Care Act (2014) in terms of empowerment.
Read More »Supported capacity: reasonable adjustments in practice
In October 2024, the Care Quality Commission (CQC) published its latest report on ‘The state of health care and adult social care in England 2023/24’.… Read More »Highlights from the CQC report on the state of health care and adult social care in England 2023/24
In Court of Protection (CoP) cases across the past few years there has been increasing reference and cautionary notes regarding professionals working in ‘silos’. This has been discussed by professionals such as Local Government Lawyer (2020) and Barrister, and honorary KC, Alex Keene (2021, 2024). This is a very interesting and thought-provoking topic, that we will try to explain to give readers some important context.
Read More »Mental Capacity and the challenge of ‘silos’