The Mental Capacity Act in practice.
When we refer to the ‘threshold of capacity’, we refer to the point at which a professional assessor can claim with confidence that an individual has or has not demonstrated capacity to make a specific decision at a specific point in time. This is determined by what is known as the balance of probabilities.
Mental Capacity Assessments are typically provided by experienced healthcare professionals working independently, or as part of a larger organisation. Unless there is a statutory requirement for the assessment, relating to a specific care or treatment decision, then it is unlikely that an assessment will fall under NHS provision and be free of charge.
In previous blogs we have considered what questions to ask as part of Mental Capacity Assessments. We have also worked through a case study in a two-part blog. In today’s blog, we aim to build upon this knowledge, taking a brief look at the types of questions that can be asked, taking special consideration of just how we frame a question and grade it to the client’s needs.
Over many years of professional practice I have come across a number cases where certain vulnerable individuals have found themselves unable to make a decision, most frequently when they are confronted with a ‘big decision’ of lasting consequence.
While in some cases it can be sensible to put off a decision until more information becomes available, this ‘decision paralysis’ can sometimes have lasting and quite damaging consequences. This is especially true where decision paralysis can lead to delays in treatment or reduce the quality of life of the individual while they mull over their decision.
Anyone can conduct a Mental Capacity Assessment. However, context is important, and a professional may be required for complex decisions. This will help ensure assessments are carried out in the correct manner, and that they are valid (i.e. reliable and trustworthy) in order to protect both the assessor, and the person being assessed.
Since launching Mental Capacity Ltd at the start of 2022, we have published a new blog every week to raise awareness around the Mental Capacity Act and help professionals build confidence and develop skills in applying the Act in practice. In this blog, we bring together some of our most popular blogs on how to carry out Mental Capacity Assessments (sometimes referred to as Mental Capacity Tests) to help you quickly and easily find the resources you need.
In this week’s blog we gather together some of the free resources we have been sharing on Deprivation of Liberty Safeguards (DoLS) and the forthcoming Liberty Protection Safeguards (LPS).
There are several terms that are used to describe the process of determining a person’s mental capacity. Is it a Mental Capacity Test, or a Mental Capacity Assessment? In this blog, we explore some of the language around the Mental Capacity Act (2005) and how it applies in practice.
As the size of our retired population grows, and our social norms change, we are seeing an increasing demand for care and nursing homes to support those who are not able to have their needs met within the community.
These older adults – indeed many younger adults as well – may have come to these placements through shared decision-making, or through Best Interest decisions made on their behalf. Others may be in care settings as a part of discharge-to-assess models, respite, or as a step-down placement for rehabilitation prior to returning home.
An RPR is a vital role under the Mental Capacity Act (2005), supporting an individual’s inclusion and rights around their Deprivation of Liberties (DoLS). This role is often filled by an unpaid family-member, friend or partner. However, if a family-member, friend, or partner cannot be identified, the supervisory body is required to refer for independent advocacy to complete this role as a paid (professional) RPR.