Litigation capacity is a person’s ability to conduct legal proceedings. It is a dynamic and longitudinal process, requiring active understanding, retention and use of salient information to weigh up related decisions and give direction to a legal representative.
Read More »What is litigation capacity and why is it important?
The term ‘insight’ is often used by health and care professionals. For example, it may be recorded that a person ‘lacks insight’ into their toileting personal care needs. By which, the professional may be seeking to state (in a diplomatic way) that the person does not recognise when they have been incontinent.
The term is also used in other contexts in the care setting as well. For example, that a person may ‘lack insight’ into their mobility as a result of their dementia. By which the professional may be indicating that the individual’s falls are due to their impaired short-term memory and orientation, and that they are not able to process that their movements have deteriorated due to their Parkinson’s-related dementia which is causing them to have increased falls.
Read More »Mental Capacity and Insight
In the Court of Appeal case of Re Sudiksha Thirulamesh (dec’d) (2024, EWCA Civ 896), the concept of a person’s belief on decision-making was brought to the forefront. For all assessors of Mental Capacity, this case is highly recommended reading.
Read More »Mental Capacity and the role of ‘belief’ in decision-making
In healthcare, executive functioning is an umbrella term that refers to the cognitive functions of the brain that support complex thought processes and processing skills,… Read More »What is executive dysfunction?
According to the Mental Capacity Act (2005), a Mental Capacity Assessment is made up of two stages, functional and diagnostic. It has therefore been referred to as the ‘two-stage’ test. However, a quick browse online, alongside discussion with different professionals, reveals quite a bit of misunderstanding around how many stages there are and when these stages apply. This is perhaps due to the inconsistent way that assessments are referred to by certain institutions and professional bodies. There also seems to be some confusion between the four steps of the functional stage of an assessment, and the two stages of the overall assessment.
Clearly, terminology is important, and we should make efforts to ensure we are always using the correct terms.
Read More »How many stages are there in a Mental Capacity Assessment?
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).
Read More »Mental capacity two stage test: Is a formal diagnosis required?
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.
Read More »Case study: How to document a Mental Capacity Assessment
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.
Read More »What is capacity to litigate?
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.
Read More »Understanding the causative nexus
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.
Read More »What can affect Mental Capacity?