Assessing Mental Capacity - A Practical Guide
This live broadcast session will consider assessments and decision-making on behalf of those lacking the relevant capacity.
Decisions can range from the day-to-day, such as what to wear or eat, through to more serious or complex decisions, about, for example, where to live, whether to have surgery or how to manage finances or property.
In order to gain protection from legal liability, all decision-makers must undertake a proper capacity and best interests assessment as governed by the framework set out in the Mental Capacity Act. In addition, they must have regard to the Code of Practice and consider the vast amount of case law that has been published.
This live session will cover the essential elements of the mental capacity and best interests assessment process and will assist practitioners to have a clear understanding of the legal framework and the principles and procedures to apply.
The live session will also consider complex topics such as fluctuating capacity, when a court decision must be sought, and the interface with public law decisions.
What You Will Learn
This live broadcast session will cover the following:
- The statutory principles of the Mental Capacity Act and how they apply to assessments
- How to undertake a mental capacity assessment, including the functional and diagnostic tests
- What does the law say about fluctuating capacity
- Which matters should frame the best interests determination
- How should past and present wishes and feelings be balanced
- What is the difference between the best interests decision and a Care Act decision
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.