While the Mental Capacity Act (2005) is a statutory piece of legislation, that is actively required within the healthcare setting, it is not a part of ‘mandatory’ training that health and care professionals are required to undertake. This is one of the many reasons why the application of the Mental Capacity Act is so inconsistent between different care homes and between different healthcare providers.
Read More »Mental Capacity training in care homes
The Mental Capacity Act (2005) has five core principles that establish the guiding values of the legislation that it lays out. Principle #1 is the presumption of capacity – that a person’s decision-making for a specific matter at a specific time is assumed, and that the person themselves has ‘nothing to prove’.
Read More »Displacing the presumption of capacity
In February 2025, an important appeal case was heard before Mrs Justice Theis regarding the capacity of an individual, known as CT. The case is instructive as it includes a number of important observations, as well as a list of recommendations that we might use as a ‘checklist’ for assessments.
Read More »Insights from case law: A checklist for Mental Capacity Assessments
When assessing mental capacity, it is vital that the assessor is aware of any persons who may have an impact on the individual’s decision-making.
Read More »Mental Capacity Assessments: How to avoid undue influence
The Law Commission for England and Wales has published its report on Modernising Wills, with the purpose of updating the legislation of the Wills Act (1837).
Read More »Law Commission Report: Modernising Wills
The Mental Capacity Act (2005) includes a list of excluded decisions, which cannot be made on behalf of another individual or in their ‘best interest’. These exclusions are outlined in section 27:
Read More »Mental Capacity Act (2005): Excluded decisions
In Mental Capacity case law, we often encounter judgements that warn us against the ‘protection imperative’ or adopting a ‘paternalistic approach’ when it comes to supporting vulnerable people. But what do these phrases really mean?
In this blog, we look at the broad definitions of the protection imperative and the paternalistic approach, providing examples of cases that explain these terms in context, and how they apply to professional practice.
Read More »What is the protection imperative, and how does it relate to Mental Capacity?
There are many fantastic resources available to support capacity, provide valuable learning resources and updates for practice. Since we published our last blog on this… Read More »Free resources: Supporting Mental Capacity in practice
The National Mental Capacity Forum is an initiative run by the Ministry of Justice and the Department of Health and Social Care. It aims to work with stakeholders to identify issues and solutions to improve the implementation of the Mental Capacity Act (2005) in everyday practice across England and Wales.
The National Mental Capacity Forum has just published its annual report for the period 2023–2025. In this blog, we give an overview of the report, and key findings relevant to professionals working in this area of practice.
Read More »Overview of the National Mental Capacity Forum Annual Report, 2023-2025
The Mental Capacity Act (2005) includes clear direction on how to approach the process of ‘gifting’. This applies to anyone acting as an LPA for Property and Finances, or as anyone assigned the role of Deputy by the Court of Protection.
Read More »Gifting