Mental Capacity Assessment

Case study: The diagnostic step and the causative nexus

12 June 20235 June 2023
Case Study, Mental Capacity in Practice

The diagnostic step is a simple but often misunderstood part of the Mental Capacity Assessment. One of the most common errors is to simply list a medical diagnosis without any explanation of how the diagnosis impacts upon decision-making. However, this link – also known as the causative nexus – is the vital point on which the rest of the assessment is based. It is therefore important to understand exactly why the diagnostic step is important and how to document it properly.

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.

Man sat on a picnic bench, smoking while playing a guitar

Case study: How to document a Mental Capacity Assessment

29 May 202313 May 2023
Case Study, Mental Capacity in Practice

The way professionals document mental capacity tests can vary greatly across the health and care sectors. In some cases, professionals are not yet using the updated assessment format of Functional and then Diagnostic. More worrying still is that in some cases it’s not just the documentation format that varies, but the quality of the content that is recorded.

In this blog, we examine two example assessments, using the case of Dylan to show the impact documentation can have on the outcomes of an assessment.

Case study: Mental Capacity Assessment for placement decisions

15 May 20238 May 2023
Case Study, Mental Capacity in Practice

Mental Capacity case studies help us apply knowledge in action. They can help us visualise scenarios and understand processes, as well as challenges, before considering the who, what, when, where and how.

In today’s blog, we start a series of case studies that explore particular aspects of the Mental Capacity Act within everyday practice. To help us with this, we will draw on familiar characters from the worlds of TV, film and literature that give an array of contexts and presentations.

Mental Capacity Act (Northern Ireland) 2016: Overview Part 2

8 May 202329 April 2023
Mental Capacity in Practice

A key focus of the Mental Capacity Act (Northern Ireland) is the Deprivation of Liberty, also known as DoL. While there are some similarities with the MCA for England and Wales, there are some key differences in how the process works in Northern Ireland. In particular, there are two separate Codes of Practice that professionals must adhere to. The process for conducting an assessment is also slightly different.

Statutory roles: woman reading over report

What information is needed for a mental capacity assessment?

1 May 202317 April 2023
Case Study, Mental Capacity in Practice

There are a number of details that need to be established before a mental capacity assessment is carried out. Without this information, the test may not be valid, and the outcome may be challenged at a later date.

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.

Stack of legal texts alongside open notebook

What is capacity to litigate?

20 March 202311 March 2023
Mental Capacity in Practice

Mental capacity to litigate refers to an individual’s ability to follow, understand and engage with litigation proceedings. This includes the process of conducting affairs through a solicitor.

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.