News

Young man taking photo, pointing camera towards the viewer.

Mental capacity in practice: Consent to be photographed

2 January 202324 December 2022
Mental Capacity in Practice

In everyday healthcare practice we are directed by legislation and best practice guidance to gain informed consent for medical interventions, care plans and, broadly speaking, any professional interaction. This includes consent to be photographed, which in years gone by would have included use on medication charts (MARS sheets), care plans and care provider notice boards. In more recent years, it also includes the use of photos shared on social media, email and messaging services such as WhatsApp.

26 December 202224 December 2022
Comment, Mental Capacity in Practice

From the 1st January 2023, there will be a new process for applications surrounding the Court of Protection property and affairs deputyship.

Statutory roles: woman reading over report

COP3 Mental Capacity Assessments for Deputyship

19 December 202219 December 2022
Mental Capacity in Practice

If someone is unable to demonstrate mental capacity to assign a Lasting Power of Attorney (LPA), and is unable to manage either their health and welfare or property and financial affairs, then an application can be made to the Court of Protection (COP) to assign a deputy to said role if appropriate.

Insight and understanding: Elderly woman smiling as she looks into the distance

DoLS restrictions and the right to object

12 December 202213 December 2022
Mental Capacity in Practice

In simple terms a deprivation can be described as a restriction, while a deprivation of liberty is a restriction on everyday living. The Mental Capacity Act enacts vital safeguards and protections an individual who can not consent to their care and treatment is is deprived of said liberties. It protects the individual through upholding their rights, monitoring any form of restriction in place and striving to ensure these are proportionate, justifiable and the least restrictive option. In today’s blog, we consider what these restrictions may include, and the importance of keeping the individual’s voice at the heart of any Best Interest decision.

Retaining information: man looking out of window

DoLS placements, best interest and the ‘least restrictive option’

5 December 202216 November 2022
Case Study, Comment

There have been a number of high-profile Court of Protection (CoP) cases this year on the subject of DoLS placement and provisions. These cases each raise questions around the least restrictive option for the individual, what classes as ‘best interest’, and what do we mean by proportionate, reasonable and justifiable care.

Dealing with trauma: young man staring into distance

Clients who are unwilling or unable to engage

28 November 20229 December 2023
Mental Capacity in Practice

There are many occasions where an individual may be unwilling or unable to engage with a mental capacity assessment. It is not a rare event by any means, and there are many possible reasons why this may occur. For example, there may be an issue with the specific context of the situation, the individual’s health conditions, the professional’s approach to the test, or even the adaptations that have been made to support.

Parental consent and DoLS for under-16s

21 November 20227 November 2022
Comment, Mental Capacity in Practice

There are often many complex interactions between legislation and case law – especially in the field of mental capacity and the Mental Capacity Act (2005) specifically. For this reason it is vital for professionals working in this area to ensure they are familiar with updates in case law to ensure those within the system are protected and best practice is upheld.

Monitoring body: healthcare professional writing report at computer

COP3: ‘Assessment of capacity’

14 November 202222 July 2023
Mental Capacity in Practice

There are a great many forms that can be found on the UK government website regarding Court of Protection applications, assessments and statements.

Weighing up a tough decision: Man sat thinking on sofa

Should a paid RPR consult with friends and family?

7 November 20228 November 2022
Comment, Mental Capacity in Practice

A Relevant Person’s Representative (RPR) is an advocate assigned to a person who is under the Deprivation of Liberty Safeguards (DoLS). They are assigned by the Supervisory Authority to ensure the individual’s voice is upheld and supported while deprivations are in place. This includes the responsibility to raise a review and then a challenge if the relevant person is objecting to their care, treatment and/or placement.

Assessing capacity: lady and man in wheelchair wearing coats looking into the distance

What is the threshold of capacity?

31 October 202219 October 2022
Mental Capacity in Practice

When we refer to the ‘threshold of capacity’, we refer to the point at which a professional assessor can claim with confidence that an individual has or has not demonstrated capacity to make a specific decision at a specific point in time. This is determined by what is known as the balance of probabilities.

« Previous
1
…
5
6
7
8
9
…
14
Next »