Mental Capacity in Practice

The Mental Capacity Act in practice.

Supporting capacity with augmentative communication aids

How to carry out Mental Capacity Assessments

26 September 202213 September 2022
Mental Capacity in Practice

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.

19 September 20222 September 2022
Mental Capacity in Practice

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).

Quality of care: grandmother and grandaughter smiling together

Mental Capacity Test or Assessment – what is the difference?

12 September 202210 February 2023
Comment, Mental Capacity in Practice

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.

Retaining information: man looking out of window

Protecting Human Rights in care settings

5 September 202215 August 2022
Comment, Mental Capacity 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.

Support for RPRs

22 August 202222 August 2022
Comment, Mental Capacity in Practice

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.

Future decisions: black and white photo of man looking pensive as he thinks about what to do

Mental Capacity and future decisions

15 August 202212 August 2022
Comment, Mental Capacity in Practice

The Mental Capacity Act is designed to empower a person’s voice, protect their rights and provide safeguarding measures, alongside direction of practice, if a person is determined to lack capacity for a particular decision at a certain time. In this blog, we explore the role of the Mental Capacity Act around future decisions relating to healthcare, finance and assigning an LPA.

Young man with Down's Syndrome, smiling, touching foreheads with father

Deprivation of liberties and the under 18s

8 August 202226 July 2022
Comment, Mental Capacity in Practice

When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.

Care in the home: carer helping elderly lady down the stairs

Key legislation updates (so far) in 2022

25 July 202215 July 2022
Comment, Mental Capacity in Practice

This year has seen several quite significant updates in healthcare legislation, with several important changes for the way we treat and care for patients. While these are not all related to the Mental Capacity Act directly, it’s important that we take note of the changes and how they affect our day-to-day work.

Elderly couple smiling and laughing together while standing in a field of yellow flowers

Our values: Promote, Partner, Protect

4 July 202223 June 2022
Comment, Mental Capacity in Practice, News

Values are essential to help us establish a moral outlook and focus within our everyday practices – without which we lose our sense of identity and purpose.

Here at Mental Capacity Ltd, we have identified three core values to guide us in our mission: Promote, Partner and Protect.

Next of kin: child with parents standing in field, pointing into the distance

Examples of the misuse of Lasting Power of Attorney (LPA)

27 June 202226 November 2022
Comment, Mental Capacity in Practice

In our last blog, we outlined some of the key differences between Next of Kin (NOK) and Lasting Power of Attorney (LPA). In this follow-up blog, we will explore a few recent examples of misuse of LPA, and lessons we can learn going forward.

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