News

Thinking about the future: Man in glasses looking at reflection in train window

Does a person experiencing decision paralysis lack mental capacity?

10 October 202227 September 2022
Case Study, Comment, Mental Capacity in Practice

Over many years of professional practice I have come across a number cases where certain vulnerable individuals have found themselves unable to make a decision, most frequently when they are confronted with a ‘big decision’ of lasting consequence.

While in some cases it can be sensible to put off a decision until more information becomes available, this ‘decision paralysis’ can sometimes have lasting and quite damaging consequences. This is especially true where decision paralysis can lead to delays in treatment or reduce the quality of life of the individual while they mull over their decision.

Who can carry out a Mental Capacity Assessment?

3 October 202230 January 2024
Comment, Mental Capacity in Practice

Anyone can conduct a Mental Capacity Assessment. However, context is important, and a professional may be required for complex decisions. This will help ensure assessments are carried out in the correct manner, and that they are valid (i.e. reliable and trustworthy) in order to protect both the assessor, and the person being assessed.

Supporting capacity with augmentative communication aids

How to carry out Mental Capacity Assessments

26 September 202213 September 2022
Mental Capacity in Practice

Since launching Mental Capacity Ltd at the start of 2022, we have published a new blog every week to raise awareness around the Mental Capacity Act and help professionals build confidence and develop skills in applying the Act in practice. In this blog, we bring together some of our most popular blogs on how to carry out Mental Capacity Assessments (sometimes referred to as Mental Capacity Tests) to help you quickly and easily find the resources you need.

19 September 20222 September 2022
Mental Capacity in Practice

In this week’s blog we gather together some of the free resources we have been sharing on Deprivation of Liberty Safeguards (DoLS) and the forthcoming Liberty Protection Safeguards (LPS).

Quality of care: grandmother and grandaughter smiling together

Mental Capacity Test or Assessment – what is the difference?

12 September 202210 February 2023
Comment, Mental Capacity in Practice

There are several terms that are used to describe the process of determining a person’s mental capacity. Is it a Mental Capacity Test, or a Mental Capacity Assessment? In this blog, we explore some of the language around the Mental Capacity Act (2005) and how it applies in practice.

Retaining information: man looking out of window

Protecting Human Rights in care settings

5 September 202215 August 2022
Comment, Mental Capacity in Practice

As the size of our retired population grows, and our social norms change, we are seeing an increasing demand for care and nursing homes to support those who are not able to have their needs met within the community.

These older adults – indeed many younger adults as well – may have come to these placements through shared decision-making, or through Best Interest decisions made on their behalf. Others may be in care settings as a part of discharge-to-assess models, respite, or as a step-down placement for rehabilitation prior to returning home.

Supporting capacity: woman being pushed in wheelchair, looking at the sun

Mental Capacity Ltd: Our Mission

29 August 202222 August 2022
Comment

Our Mission is to raise awareness and confidence in the everyday application of the Mental Capacity Act, including the use of the Deprivation of Liberties and Liberty Protection Safeguards. We strive to demystify assessment process, empowering those involved and ultimately helping to ensure that people’s rights are protected, and the best decisions are made.

Support for RPRs

22 August 202222 August 2022
Comment, Mental Capacity in Practice

An RPR is a vital role under the Mental Capacity Act (2005), supporting an individual’s inclusion and rights around their Deprivation of Liberties (DoLS). This role is often filled by an unpaid family-member, friend or partner. However, if a family-member, friend, or partner cannot be identified, the supervisory body is required to refer for independent advocacy to complete this role as a paid (professional) RPR.

Future decisions: black and white photo of man looking pensive as he thinks about what to do

Mental Capacity and future decisions

15 August 202212 August 2022
Comment, Mental Capacity in Practice

The Mental Capacity Act is designed to empower a person’s voice, protect their rights and provide safeguarding measures, alongside direction of practice, if a person is determined to lack capacity for a particular decision at a certain time. In this blog, we explore the role of the Mental Capacity Act around future decisions relating to healthcare, finance and assigning an LPA.

Young man with Down's Syndrome, smiling, touching foreheads with father

Deprivation of liberties and the under 18s

8 August 202226 July 2022
Comment, Mental Capacity in Practice

When does care become a deprivation for a young person under 18 years of age? When is care ‘necessary’ and how do we define what counts as ‘necessary’? Are a young person’s right so different from that of an adult? These are all questions that some of us wrestle with on an almost daily basis – and yet at the same time, it is evident that in some cases, these questions are not given the attention that they deserve.

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