Mental Capacity is time and decision specific. For this reason, it is absolutely vital to keep the assessment of capacity focused on the matter at hand, and not to deviate from the central topic, or include irrelevant information that might cause distractions or misunderstandings. Otherwise, the assessor might inadvertently ‘sabotage’ the person’s ability to frame the relevant information and make a decision.
With this in mind, it’s really important to identify the salient information required, before the assessment takes place. This helps to ensure a focused assessment that is tailored to the individual and their circumstances.
There is now a large volume of case law that addresses issues around salient information and specific questions such as residence, treatment, contact (etc.). Essex 39 has a fantastic guide that collates a range of this information to help assessors. However, it is important to remember that assessors remain responsible for checking if further legal updates have occurred, and whether the questions asked are suitable to the client and their context
If you would like a referral for training, consultancy or assessment regarding Mental Capacity Assessments, please contact us for a quote and case discussion.