Age UK has published a report expressing concerns about the way Deprivation of Liberty Safeguards is being enacted in England and Wales. The report calls… Read More »Age UK report: Older people and DoL in care homes
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.
Read More »Capacity Assessments: Professionalism, Accountability and Best Practice
According to government guidance, an LPA certificate provider is an impartial person who confirms that the person completing the LPA understands what they are doing… Read More »LPA certificate provider responsibilities
STEP is a global professional body comprising lawyers, accountants and other professionals who help families plan for the future. It has recently published a research… Read More »Loss of Mental Capacity: A Global Perspective
The first principle of the Mental Capacity Act (2005) states that we must always presume capacity in the first instance. This means that we should always start from a position where we presume that an individual has the ability to make a decision (i.e. has capacity), rather than the other way round.
Read More »Case study: Presumption of capacity 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).
Read More »Case study: LPA in practice
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.
Read More »Case study: Introducing a Mental Capacity Assessment
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… Read More »What is fluctuating capacity?
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,… Read More »What is executive dysfunction?
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.
Read More »How many stages are there in a Mental Capacity Assessment?