Mental Capacity Act (2005)

Thinking about the future: Man in glasses looking at reflection in train window

Does a person experiencing decision paralysis lack mental capacity?

10 October 202227 September 2022
Case Study, Comment, Mental Capacity in Practice

Over many years of professional practice I have come across a number cases where certain vulnerable individuals have found themselves unable to make a decision, most frequently when they are confronted with a ‘big decision’ of lasting consequence.

While in some cases it can be sensible to put off a decision until more information becomes available, this ‘decision paralysis’ can sometimes have lasting and quite damaging consequences. This is especially true where decision paralysis can lead to delays in treatment or reduce the quality of life of the individual while they mull over their decision.

Who can carry out a Mental Capacity Assessment?

3 October 202230 January 2024
Comment, Mental Capacity in Practice

Anyone can conduct a Mental Capacity Assessment. However, context is important, and a professional may be required for complex decisions. This will help ensure assessments are carried out in the correct manner, and that they are valid (i.e. reliable and trustworthy) in order to protect both the assessor, and the person being assessed.

Quality of care: grandmother and grandaughter smiling together

Mental Capacity Test or Assessment – what is the difference?

12 September 202210 February 2023
Comment, Mental Capacity in Practice

There are several terms that are used to describe the process of determining a person’s mental capacity. Is it a Mental Capacity Test, or a Mental Capacity Assessment? In this blog, we explore some of the language around the Mental Capacity Act (2005) and how it applies in practice.

Retaining information: man looking out of window

Protecting Human Rights in care settings

5 September 202215 August 2022
Comment, Mental Capacity in Practice

As the size of our retired population grows, and our social norms change, we are seeing an increasing demand for care and nursing homes to support those who are not able to have their needs met within the community.

These older adults – indeed many younger adults as well – may have come to these placements through shared decision-making, or through Best Interest decisions made on their behalf. Others may be in care settings as a part of discharge-to-assess models, respite, or as a step-down placement for rehabilitation prior to returning home.

Supporting capacity with augmentative communication aids

Support for RPRs

22 August 202222 August 2022
Comment, Mental Capacity in Practice

An RPR is a vital role under the Mental Capacity Act (2005), supporting an individual’s inclusion and rights around their Deprivation of Liberties (DoLS). This role is often filled by an unpaid family-member, friend or partner. However, if a family-member, friend, or partner cannot be identified, the supervisory body is required to refer for independent advocacy to complete this role as a paid (professional) RPR.

Future decisions: black and white photo of man looking pensive as he thinks about what to do

Mental Capacity and future decisions

15 August 202212 August 2022
Comment, Mental Capacity in Practice

The Mental Capacity Act is designed to empower a person’s voice, protect their rights and provide safeguarding measures, alongside direction of practice, if a person is determined to lack capacity for a particular decision at a certain time. In this blog, we explore the role of the Mental Capacity Act around future decisions relating to healthcare, finance and assigning an LPA.

Consultancy services: two women having a business meeting

Supporting your team with MCA consultancy

1 August 20221 August 2022
News

In our mission to Promote, Partner and Protect, we place a great emphasis on helping teams develop their skills around the Mental Capacity Act, Mental Capacity Assessments, and related areas such as Best Interest Decisions and LPA. In today’s blog we want to shed a little light on what this can look like in everyday practice…

Elderly couple smiling and laughing together while standing in a field of yellow flowers

Our values: Promote, Partner, Protect

4 July 202223 June 2022
Comment, Mental Capacity in Practice, News

Values are essential to help us establish a moral outlook and focus within our everyday practices – without which we lose our sense of identity and purpose.

Here at Mental Capacity Ltd, we have identified three core values to guide us in our mission: Promote, Partner and Protect.

Next of kin: child with parents standing in field, pointing into the distance

Examples of the misuse of Lasting Power of Attorney (LPA)

27 June 202226 November 2022
Comment, Mental Capacity in Practice

In our last blog, we outlined some of the key differences between Next of Kin (NOK) and Lasting Power of Attorney (LPA). In this follow-up blog, we will explore a few recent examples of misuse of LPA, and lessons we can learn going forward.

Next of Kin vs Lasting Power of Attorney

20 June 202225 January 2023
Mental Capacity in Practice

According to UK consumer rights organisation Which?, the Power of Attorney system is in ‘desperate need of improvement’. This is because many people don’t understand how the system works, and it can also be difficult to put vital Lasting Power of Attorney (LPA) arrangements in place.

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