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
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.
Read More »Mental capacity in practice: Consent to be photographedFrom the 1st January 2023, there will be a new process for applications surrounding the Court of Protection property and affairs deputyship.
Read More »Updates to the property and affairs deputyship process
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.
Read More »COP3 Mental Capacity Assessments for Deputyship