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Mental Capacity Act (2005)

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When should an RPR make a section 21a application to the Court of Protection?

The role of a Relevant Person’s Representative (RPR) is to be an independent and impartial voice working on behalf of the relevant person under a Deprivation of Liberty Safeguards (DoLS) authorisation. They are there to support inclusion, knowledge, rights and promote the person’s voice within the DoLS process, performing a vital safeguarding role to help monitor its application. As part of this role, an RPR should raise a Section 21a challenge to the Court of Protection if the person they are representing voices an objection to DoLS.

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Mental capacity two stage test: Is a formal diagnosis required?

In previous blogs, we have explored some of the many different elements required to assess mental capacity for a specific decision. This brings us then to the two stage test, which is composed of the functional and diagnostic steps that are then bound together as part of the causative nexus (the justifiable link).

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Assessing capacity around unfamiliar topics

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.

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Understanding the difference between LPA and Deputy

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.

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Adults with Incapacity Act (Scotland): Part 2

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.

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Testamentary Capacity: Making a Will

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.

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