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.
Read More »Examples of the misuse of Lasting Power of Attorney (LPA)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.
Read More »Next of Kin vs Lasting Power of Attorney
We are delighted to announce the next in our series of webinars designed to build confidence in working with the Mental Capacity Act (2005) and… Read More »Mental Capacity training in July and August 2022
In the tenth and final part of our blog series on the proposed changes to the MCA Code of Practice, we look at other legal tests of Mental Capacity, plus the use of Retrospective Assessments
Read More »Reflecting on changes to the MCA Code of Practice (Part 10)
We are nearing the end of our series reflecting upon the MCA Code of Practice consultation. In this ninth blog, we consider the broadening of the MCA to include those aged 16-17.
Read More »Reflecting on changes to the MCA Code of Practice (Part 9)
In the sixth part of our series of blogs on change to the MCA Code of Practice, we turn to one of the most looked-for discussions: the Liberty Protection Safeguards (LPS).
Read More »Reflecting on changes to the MCA Code of Practice (Part 6)
In today’s reflection on the proposed updates to the Mental Capacity Act’s Code of Practice, we consider the protection that the Act provides. This is the overarching protection both for the individual, as well as those supporting them including friends, family and professional staff at all levels.
Read More »Reflecting on changes to the MCA Code of Practice (Part 5)
In the fourth part of our blog series on the proposed changes to the MCA Code of Practice, we look at Chapter 4, and the process for assessing capacity.
Read More »Reflecting on changes to the MCA Code of Practice (Part 4)
In the third part of our series on the MCA Code of Practice consultation, we look at executive functioning impairment and fluctuating capacity.
Read More »Reflecting on changes to the MCA Code of Practice (Part 3)
When assessing someone for their capacity to make a specific decision, it is important that they are able to demonstrate that they can sufficiently ‘weigh up’ the decision and so form a reasoned judgement – whether we agree with their final decision or not.
Read More »What is ‘weighing up’?