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Causative Nexus

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Importance of the Causative Nexus

The Causative Nexus is an important part of the Diagnostic Step for Mental Capacity. In its simplest of forms, it can be described as the ‘link’ between the Functional Step of the two-stage test, and whether the Diagnosis is the origin for this outcome. Another way to consider the causative nexus, is as the ‘because’ or justification for why a diagnosis may be the causation for a person being unable to demonstrate decision making within the functional stage of the assessment.

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Case study: The diagnostic step and the causative nexus

The diagnostic step is a simple but often misunderstood part of the Mental Capacity Assessment. One of the most common errors is to simply list a medical diagnosis without any explanation of how the diagnosis impacts upon decision-making. However, this link – also known as the causative nexus – is the vital point on which the rest of the assessment is based. It is therefore important to understand exactly why the diagnostic step is important and how to document it properly.

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