Mental Capacity Act (2005)

Man with learning disability getting married

Assessing capacity around unfamiliar topics

5 June 20237 August 2023
Mental Capacity in Practice

There are many elements of daily life that we don’t learn about until we reach certain stages of our lives or have greater levels of independence in our everyday lives. For example, on first moving away from a parents or caregivers home, a whole new world of experiences and responsibilities will suddenly occur. This can be anything from how to change a lightbulb or put up a shelf, to how to organise a loan or buy a car.

Adults with Incapacity Act (Scotland): Part 3

10 April 20236 April 2023
Mental Capacity in Practice

In the final part of our series on the Adults with Incapacity Act for Scotland (AWI), we look at important issues relating to power of attorney (PoA), guardianship, intervention orders and monitoring bodies.

Supporting capacity with augmentative communication aids

Understanding the difference between LPA and Deputy

3 April 202317 April 2023
Mental Capacity in Practice

A Lasting Power of Attorney (LPA) is a trusted person (or persons) assigned to make decisions on behalf of someone who lacks capacity to make decisions for themselves. Crucially, LPAs are assigned by an individual while they still have capacity, as a means of preserving their wishes should they become unable to make decisions for themselves at some point in the future.

Adults with Incapacity Act (Scotland): Part 2

27 March 202325 March 2023
Mental Capacity in Practice

In the first part of our blog series on the Adults with Incapacity Act (Scotland), we examined the background of the Act, and how it applies the terms ‘adult’ and ‘incapacity’ in context. In this week’s blog, we consider some of the AWI’s guiding principles, alongside the assessment process, and how it differs from the Mental Capacity Act as it applies south of the border.

Writing a Will: Fountain pen atop hand-written note, alongside some purple flowers.

Testamentary Capacity: Making a Will

6 March 202324 February 2023
Mental Capacity in Practice

Testamentary Capacity refers to an individual’s legal mental capacity to create or amend their Will. In cases where there is either a reasonable belief that the individual may lack capacity to complete their Will, or that there may be challenges to the Will in future, it is best practice to request an Independent Mental Capacity Assessment to safeguard the decision.

Two smiling women having a meeting while sat at a large wooden desk.

What is an Independent Mental Capacity Advocate (IMCA)?

27 February 202316 February 2023
Mental Capacity in Practice

An Independent Mental Capacity Advocate (IMCA) is a statutory role under the Mental Capacity Act (2005) that supports a person who lacks capacity to express their wishes around a particular decision.

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

New guidance for Lay Deputies

20 February 202316 February 2023
Mental Capacity in Practice

The Office of the Public Guardian (OPG) has published updated guidance for lay deputies and what they must do to meet the standards of the role. These can be found on the Government website, where there are also additional standards for public authority figures, and professionals who may also be assigned the role of deputy.

Isolation and seclusion: old man looking out a window

DoLS and the struggling system

13 February 202310 February 2023
Comment, Mental Capacity in Practice

Deprivation of Liberty Safeguards (DoLS) is a vital safeguarding process designed to prevent unlawful detention and disproportionate restrictions placed on individuals. It also protects human rights and places the individual at the centre of their care, where no one size fits all.

Weighing up a tough decision: Man sat thinking on sofa

Mental Capacity still not well understood

6 February 20237 February 2023
Comment

There are several key organisations that exist to protect people’s rights with regards to the Mental Capacity Act and its application. These include the Care Quality Commission (CQC), Office of the Public Guardian (OPG) and Court of Protection (COP). However, while each of these bodies has an important role to play, we should remember that it is every person’s responsibility to raise a concern if a suspected breach of the Act has taken place.

Mental capacity assessment: female professional assessing elderly gentleman

How to apply for Lasting Power of Attorney (LPA)

23 January 202310 January 2023
Mental Capacity in Practice

Lasting Power of Attorney (LPA) enables a person to make the advanced decision to assign a person (or persons) to help make decisions, or to make decisions on their behalf if unable to in the future. This role is set out in the Mental Capacity Act and provides greater legal rights than the position of Next of Kin.

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