Testamentary Capacity refers to an individual’s legal mental capacity to create or amend their Will. In cases where there is either a reasonable belief that the individual may lack capacity to complete their Will, or that there may be challenges to the Will in future, it is best practice to request an Independent Mental Capacity Assessment to safeguard the decision.
Read More »Testamentary Capacity: Making a Will
An Independent Mental Capacity Advocate (IMCA) is a statutory role under the Mental Capacity Act (2005) that supports a person who lacks capacity to express their wishes around a particular decision.
Read More »What is an Independent Mental Capacity Advocate (IMCA)?
The Office of the Public Guardian (OPG) has published updated guidance for lay deputies and what they must do to meet the standards of the role. These can be found on the Government website, where there are also additional standards for public authority figures, and professionals who may also be assigned the role of deputy.
Read More »New guidance for Lay Deputies
Deprivation of Liberty Safeguards (DoLS) is a vital safeguarding process designed to prevent unlawful detention and disproportionate restrictions placed on individuals. It also protects human rights and places the individual at the centre of their care, where no one size fits all.
Read More »DoLS and the struggling system
There are several key organisations that exist to protect people’s rights with regards to the Mental Capacity Act and its application. These include the Care Quality Commission (CQC), Office of the Public Guardian (OPG) and Court of Protection (COP). However, while each of these bodies has an important role to play, we should remember that it is every person’s responsibility to raise a concern if a suspected breach of the Act has taken place.
Read More »Mental Capacity still not well understood
The causative nexus is an essential part of any mental capacity assessment as it provides a clear rationale for whether the person being assessed has capacity to make a specific decision.
Read More »Understanding the causative nexus
Lasting Power of Attorney (LPA) enables a person to make the advanced decision to assign a person (or persons) to help make decisions, or to make decisions on their behalf if unable to in the future. This role is set out in the Mental Capacity Act and provides greater legal rights than the position of Next of Kin.
Read More »How to apply for Lasting Power of Attorney (LPA)
Mental Capacity can be impacted by an impairment or disturbance of the brain that directly affects cognitive functioning. In today’s blog we look at a selection of short-term and long-term conditions that can be a direct factor.
Read More »What can affect Mental Capacity?
At the start of 2023, we celebrated our first full year in business. We are really proud of all we have achieved in the last year and hope to continue to develop our business as we expand our training offerings, and support healthcare teams with bespoke consultancy services and Mental Capacity Assessments for complex cases.
Read More »Our first anniversary and plans for 2023
Serious incidents such as those at Winterbourne View Hospital and Whorlton Hall are sadly not a thing of the past. Warnings have been shared from various sources regarding the lack of appropriate support for adults with learning disabilities, leaving many locked away in contravention of their Human Rights.
Read More »Supporting adults with learning disabilities and complex needs