Mental Capacity Assessments

 

With a deep commitment to the principles outlined in the Mental Capacity Act 2005 and its accompanying Code of Practice, I provide expert assessments tailored to individual needs.

Leveraging extensive expertise, I conduct capacity assessments in a wide range of areas, including managing finances (such as Power of Attorney and Deputyship), care and support needs, contact with others, use of phone and internet, residence and tenancy agreements, consent to marry, and sexual relationships.

I ensure that individuals are fully involved in the capacity assessment process. This includes presenting relevant information in a format that is accessible and comprehensible to them, empowering them to engage confidently in the process.

Regardless of the outcome, a detailed written capacity assessment is always provided, even when an individual is assessed as having capacity.

 

2-stage test of capacity-

Stage 1- Functional test

1. The ability to understand information about the decision (the 'relevant' information)
2. The ability to retain the information long enough to make the decision
3. The ability to use, or 'weigh up' the information as part of the decision making process
4. The ability to communicate their decision through any means.

Stage 2- Diagnostic test

Is the person unable to make a decision because of an impairment in the functioning of the mind or brain