Skip to content
Home » Mental Capacity in Practice » Page 4

Mental Capacity in Practice

The Mental Capacity Act in practice.

Contact meeting between relevant person and their representative

The rule 1.2 representative process explained

In Mental Capacity law, a rule 1.2 representative (or ‘1.2 rep’) performs a similar role to a Relevant Person’s Representative (RPR), but in a community setting.

The process for assigning a 1.2 rep is slightly different to that of an RPR. This is because community DoLS authorisations are authorised through the Court of Protection, and not by the Local Authority DoLS office, as is the case in hospital and care home settings.  And so a 1.2 rep will be identified and allocated through this process by those applying and agreed by the Court.

Read More »The rule 1.2 representative process explained
Kettle being heated on stove

Mental Capacity and the complex nature of decision-making

It’s estimated that the average person makes around 35,000 decisions every single day. While this may seem a huge number, many of these are ‘micro decisions’ that we make without even thinking; the sorts of things that might have required great effort during childhood, but which in adulthood require barely any conscious effort at all.

Read More »Mental Capacity and the complex nature of decision-making
Retaining information: man looking out of window

When should an RPR make a section 21a application to the Court of Protection?

The role of a Relevant Person’s Representative (RPR) is to be an independent and impartial voice working on behalf of the relevant person under a Deprivation of Liberty Safeguards (DoLS) authorisation. They are there to support inclusion, knowledge, rights and promote the person’s voice within the DoLS process, performing a vital safeguarding role to help monitor its application. As part of this role, an RPR should raise a Section 21a challenge to the Court of Protection if the person they are representing voices an objection to DoLS.

Read More »When should an RPR make a section 21a application to the Court of Protection?
Close up of an elderly woman sat in a cafe

Mental capacity two stage test: Is a formal diagnosis required?

In previous blogs, we have explored some of the many different elements required to assess mental capacity for a specific decision. This brings us then to the two stage test, which is composed of the functional and diagnostic steps that are then bound together as part of the causative nexus (the justifiable link).

Read More »Mental capacity two stage test: Is a formal diagnosis required?
Mental capacity assessment: female professional assessing elderly gentleman

Important updates to Form COP3 ‘assessment of capacity’

As of July 2023 there is now a new updated COP3 form (‘assessment of capacity’ for Court of Protection Submissions) available on the UK Government website. We have a growing range of blogs around this topic and area able to provide completition of Part B on referral. For a walkthrough guide of the updated document, please visit.

Read More »Important updates to Form COP3 ‘assessment of capacity’
Woman in wheelchair signing consent form

Mental Capacity and informed consent

Consent refers to a person’s voluntary assent to a particular action, decision or interaction. There are many different types of consent. These include:

  • Implied consent – where no verbal or written consent has been given, but an action by the individual in question suggests their agreement. For example, if a patient offers their arm to have their blood pressure taken.  
  • Informed consent – requires an explicit understanding of all the relevant facts, including risks and available alternatives. Usually, information is provided in order to help the person to understand what is proposed and why. This type of consent is often associated with medical procedures in healthcare settings; it is also often formalised with a physical signature on a consent form.
Read More »Mental Capacity and informed consent