In previous blogs, we have explored some of the many different elements required to assess mental capacity for a specific decision. This brings us then to the two stage test, which is composed of the functional and diagnostic steps that are then bound together as part of the causative nexus (the justifiable link).
As of July 2023 there is now a new updated COP3 form (‘assessment of capacity’ for Court of Protection Submissions) available on the UK Government website. We have a growing range of blogs around this topic and area able to provide completition of Part B on referral. For a walkthrough guide of the updated document, please visit.
Consent refers to a person’s voluntary assent to a particular action, decision or interaction. There are many different types of consent. These include:
The Mental Capacity Act (2005) was designed to help protect the rights of some of society’s most vulnerable people. One of the most frequently overlooked elements of the Act is principle #3: the right to make what others may perceive to be an unwise decision.
In the last 18 months, we have published 100 blog posts on topics relating to Mental Capacity and the Mental Capacity Act (2005). In that time, we’ve covered a diverse range of subjects from Lasting Power of Attorney, to least restrictive practice, the causative nexus, and much more besides! We’ve also recently launched a series of mini case studies using characters from famous film and TV shows as a way to think about capacity around decisions.
The diagnostic step is a simple but often misunderstood part of the Mental Capacity Assessment. One of the most common errors is to simply list a medical diagnosis without any explanation of how the diagnosis impacts upon decision-making. However, this link – also known as the causative nexus – is the vital point on which the rest of the assessment is based. It is therefore important to understand exactly why the diagnostic step is important and how to document it properly.
There are many elements of daily life that we don’t learn about until we reach certain stages of our lives or have greater levels of independence in our everyday lives. For example, on first moving away from a parents or caregivers home, a whole new world of experiences and responsibilities will suddenly occur. This can be anything from how to change a lightbulb or put up a shelf, to how to organise a loan or buy a car.
The way professionals document mental capacity tests can vary greatly across the health and care sectors. In some cases, professionals are not yet using the updated assessment format of Functional and then Diagnostic. More worrying still is that in some cases it’s not just the documentation format that varies, but the quality of the content that is recorded.
In this blog, we examine two example assessments, using the case of Dylan to show the impact documentation can have on the outcomes of an assessment.
Each of us have a Right to Liberty, as outlined in the Human Rights Act (article 5). However, in certain circumstances, these Rights can be significantly reduced and infringed upon. Typically, this would be in a healthcare setting, where certain liberties may be restricted in order to protect the individual, or others, from harm.
Mental Capacity case studies help us apply knowledge in action. They can help us visualise scenarios and understand processes, as well as challenges, before considering the who, what, when, where and how.
In today’s blog, we start a series of case studies that explore particular aspects of the Mental Capacity Act within everyday practice. To help us with this, we will draw on familiar characters from the worlds of TV, film and literature that give an array of contexts and presentations.