Understanding the causative nexus
The causative nexus is an essential part of any mental capacity assessment as it provides a clear rationale for whether the person being assessed has capacity to make a specific decision.
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Mental Capacity Assessment
How to apply for Lasting Power of Attorney (LPA)
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.
What can affect Mental Capacity?
Mental Capacity can be impacted by an impairment or disturbance of the brain that directly affects cognitive functioning. In today’s blog we look at a selection of short-term and long-term conditions that can be a direct factor.
Mental capacity in practice: Consent to be photographed
In everyday healthcare practice we are directed by legislation and best practice guidance to gain informed consent for medical interventions, care plans and, broadly speaking, any professional interaction. This includes consent to be photographed, which in years gone by would have included use on medication charts (MARS sheets), care plans and care provider notice boards. In more recent years, it also includes the use of photos shared on social media, email and messaging services such as WhatsApp.
COP3 Mental Capacity Assessments for Deputyship
If someone is unable to demonstrate mental capacity to assign a Lasting Power of Attorney (LPA), and is unable to manage either their health and welfare or property and financial affairs, then an application can be made to the Court of Protection (COP) to assign a deputy to said role if appropriate.
Clients who are unwilling or unable to engage
There are many occasions where an individual may be unwilling or unable to engage with a mental capacity assessment. It is not a rare event by any means, and there are many possible reasons why this may occur. For example, there may be an issue with the specific context of the situation, the individual’s health conditions, the professional’s approach to the test, or even the adaptations that have been made to support.
What is the threshold of capacity?
When we refer to the ‘threshold of capacity’, we refer to the point at which a professional assessor can claim with confidence that an individual has or has not demonstrated capacity to make a specific decision at a specific point in time. This is determined by what is known as the balance of probabilities.
What work is involved in a typical Mental Capacity Assessment?
Mental Capacity Assessments are typically provided by experienced healthcare professionals working independently, or as part of a larger organisation. Unless there is a statutory requirement for the assessment, relating to a specific care or treatment decision, then it is unlikely that an assessment will fall under NHS provision and be free of charge.
Types of questions to ask in an assessment
In previous blogs we have considered what questions to ask as part of Mental Capacity Assessments. We have also worked through a case study in a two-part blog. In today’s blog, we aim to build upon this knowledge, taking a brief look at the types of questions that can be asked, taking special consideration of just how we frame a question and grade it to the client’s needs.
Who can carry out a Mental Capacity Assessment?
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.