Assessing Mental Capacity - A Practical Guide
The Mental Capacity Act 2005 enables decisions to be made for and on behalf of those who lack capacity.
Those working under the Act must undertake two assessments: an assessment of whether the person lacks the requisite decision-making capacity and whether the act or decision being proposed is in that person's best interests. At its heart, the assessment process under the Mental Capacity Act establishes a framework that balances a person's right to make decisions for themselves with their right to be protected from harm if they lack capacity to make decisions to protect themselves.
With an increasingly aging population it is vital that lawyers have a clear understanding of how the assessment process works. You may need to carry out an assessment - for instance of your client's capacity to manage their finances, or of best interests (as an attorney acting under a Lasting Power of Attorney, or a court appointed deputy).
You may also need to challenge capacity assessments carried out by others, such as health and care professionals.
This webinar will explain the mental capacity and best interests assessment process in straightforward and comprehensible terms. It will be particularly useful for private client lawyers whose clients may lack capacity to make particular decisions. It will also be important for local authority lawyers and other advisers who come into contact with older and disabled people or family carers.
What You Will Learn
This webinar will cover the following:
- The statutory principles of the Mental Capacity Act that govern assessments
- The functional and diagnostic tests of capacity
- Who can assess capacity
- The best interests checklist
- The importance of the person's wishes and feelings
- When a court declaration must be sought
- How to deal with cases of fluctuating capacity
This webinar was recorded on 24th April 2018
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