A recent case held before the Court of Protection highlighted issues around the way that Mental Capacity Assessments are completed. In her conclusions, Mrs Justice Knowles highlighted the important role played by the Assessor – emphasising the need for accountability in the process, and for the Assessor to take professional measures to establish the salient information relating to the case the case.
Under Article 5 of the Human Rights Act, every person has the right to liberty and security. However, there are certain circumstances in which it may be necessary to deprive/restrict someone of their liberty in order to protect them should they not have the capacity to consent to their treatment or care at a specific placement.
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing…
STEP is a global professional body comprising lawyers, accountants and other professionals who help families plan for the future. It has recently published a research…
The first principle of the Mental Capacity Act (2005) states that we must always presume capacity in the first instance. This means that we should always start from a position where we presume that an individual has the ability to make a decision (i.e. has capacity), rather than the other way round.
In a recent blog we explored the decision-specific nature of the Mental Capacity Act (2005) in practice. In today’s blog, we will explore how this applies to Lasting Power of Attorney (LPA).
We are now able to offer Best Interest Assessments in the Lancashire and Cumbria area.
When assessing Mental Capacity, it is our responsibility to inform the person we are assessing of who we are, why we are visiting them, and the purpose of the assessment.
Fluctuating capacity is when a person’s ability to make a specific decision varies over time. This is usually due to a health condition that disturbs…
In healthcare, executive functioning is an umbrella term that refers to the cognitive functions of the brain that support complex thought processes and processing skills,…