A Guide to Fluctuating Capacity - The Law & Practice
Fluctuating capacity refers to situations where a person’s decision-making ability varies. The person may lack capacity at the time of one assessment, but the result may be different if a second assessment is undertaken during a lucid interval.
Fluctuating capacity is not mentioned in the Mental Capacity Act but it can be one of the most difficult situations to deal with for those undertaking assessments and best interests determinations. It often does not sit easily within the decision and time specific nature of mental capacity assessment for example.
This live broadcast session provides an opportunity to explore some of the issues that arise in relation to fluctuating capacity. It will look at some of the dilemmas that arise and how the existing legal framework for assessments under the Mental Capacity Act can be adapted. The session will also look at situations where the person whose capacity is fluctuating, needs to be deprived of their liberty in their best interests.
It will be particularly useful for private client lawyers whose clients lack capacity to make particular decisions. It will also be important for local authority lawyers, health and social care practitioners, attorney, deputies, those from the voluntary/charity sector and those who encounter older and disabled people or family carers.
What You Will Learn
This live and interactive session will cover the following:
- The statutory framework for Mental Capacity Act assessments, and how it can be applied to fluctuating capacity
- When should assessments be made and by whom?
- The difficulties associated with fluctuating capacity
- What the Codes of Practice say about fluctuating capacity
- Case law on fluctuating capacity, including the recent CDM v Greenwich case
Recording of live sessions: Soon after the Learn Live session has taken place you will be able to go back and access the recording - should you wish to revisit the material discussed.