Case study: LPA in practice
In a recent blog we explored the decision-specific nature of the Mental Capacity Act (2005) in practice. In today’s blog, we will explore how this applies to Lasting Power of Attorney (LPA).
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Mental Capacity Act (2005)
Case study: Introducing a Mental Capacity Assessment
When assessing Mental Capacity, it is our responsibility to inform the person we are assessing of who we are, why we are visiting them, and the purpose of the assessment.
What is fluctuating capacity?
Fluctuating capacity is when a person’s ability to make a specific decision varies over time. This is usually due to a health condition that disturbs…
What is executive dysfunction?
In healthcare, executive functioning is an umbrella term that refers to the cognitive functions of the brain that support complex thought processes and processing skills,…
How many stages are there in a Mental Capacity Assessment?
According to the Mental Capacity Act (2005), a Mental Capacity Assessment is made up of two stages, functional and diagnostic. It has therefore been referred to as the ‘two-stage’ test. However, a quick browse online, alongside discussion with different professionals, reveals quite a bit of misunderstanding around how many stages there are and when these stages apply. This is perhaps due to the inconsistent way that assessments are referred to by certain institutions and professional bodies. There also seems to be some confusion between the four steps of the functional stage of an assessment, and the two stages of the overall assessment.
Clearly, terminology is important, and we should make efforts to ensure we are always using the correct terms.
Case study: What do we mean by ‘decision specific’?
We all make many thousands of micro-decisions on a daily basis, from the way we make a cup of tea to what we watch on TV. However, when it comes to decision making, the Mental Capacity Act (2005) is ‘decision specific’. This means that it relates to a specific decision made at a specific time. It does not refer to decision-making more broadly. This raises the question: how specific do we need to be when we assess capacity?
What is an appointee?
An appointee is someone who has been appointed to act on behalf of a person claiming benefits who cannot manage independently due to being ‘mentally incapable or severely impaired’.
DoLS in focus: The role of the Best Interest Assessor (BIA)
The primary role of a Best Interest Assessor (BIA) is to complete the Mental Capacity Assessment and Best Interest Assessment steps within the DoLS process. These are recorded as part of Form 3.
They can also be commissioned by the Supervisory Body to complete ‘Age’ and ‘No Refusals’ steps if required.
The six key assessments for DoLS
The Code of Practice for DoLS (2008) directs that wherever possible, DoLS authorisations should be applied for in advance of a hospital or care home admission, in order to ensure that appropriate safeguards are in place from day one. As such, a DoLS application should really be made at the point where the individual is assessed prior to admittance, in order that the application be processed in time.
DoLS in focus: The role of the Supervisory Body (SB)
The role and responsibilities of the Supervisory Body are outlined in the Code of Practice for DoLS (2008). In England the SB is most commonly the Local Authority, but could also be the Primary Care Trust. Meanwhile in Wales the SB will be either the Local Health Board or Welsh Ministers.