In this blog, we will work through an example mental capacity assessment for an individual making a complex decision. This case study is based on a real-life example reviewed in the wake of the Covid pandemic. At each stage we will present the information as it was presented to us, followed by specific comment relating to the assessment process and steps that could and in some cases should have been taken to improve the quality of outcomes.
In the tenth and final part of our blog series on the proposed changes to the MCA Code of Practice, we look at other legal tests of Mental Capacity, plus the use of Retrospective Assessments
We are nearing the end of our series reflecting upon the MCA Code of Practice consultation. In this ninth blog, we consider the broadening of the MCA to include those aged 16-17.
In the eighth part of our ten-part blog series, we examine proposed changes to the MCA Code of Practice surrounding the monitoring and reporting powers to promote safeguarding of those under the Act.
In the seventh part of our reflective blog series, we look at some of the new statutory roles introduced within the MCA Code of Practice.
In the sixth part of our series of blogs on change to the MCA Code of Practice, we turn to one of the most looked-for discussions: the Liberty Protection Safeguards (LPS).
In today’s reflection on the proposed updates to the Mental Capacity Act’s Code of Practice, we consider the protection that the Act provides. This is the overarching protection both for the individual, as well as those supporting them including friends, family and professional staff at all levels.
In the fourth part of our blog series on the proposed changes to the MCA Code of Practice, we look at Chapter 4, and the process for assessing capacity.
In the third part of our series on the MCA Code of Practice consultation, we look at executive functioning impairment and fluctuating capacity.
When assessing someone for their capacity to make a specific decision, it is important that they are able to demonstrate that they can sufficiently ‘weigh up’ the decision and so form a reasoned judgement – whether we agree with their final decision or not.