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Capacity Assessments: Professionalism, Accountability and Best Practice

A recent case held before the Court of Protection highlighted issues around the way that Mental Capacity Assessments are completed. In her conclusions, Mrs Justice Knowles highlighted the important role played by the Assessor – emphasising the need for accountability in the process, and for the Assessor to take professional measures to establish the salient information relating to the case the case.

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Care in the home: carer helping elderly lady down the stairs

DoLS in focus: The role of the Managing Authority (MA)

Under DoLS, the Managing Authority (MA) is the nursing/care home or hospital providing (or going to provide) care and treatment for the relevant person. The responsibilities of the MA are outlined within the Code of Practice for DoLS (2008) and expanded on through Court of Protection (CoP) case law.

These documents require that the Managing Authority carry out its responsibilities with due care and diligence, with appropriate consultation. All decisions and actions taken should be fully documented as part of professional best practice.

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