Fluctuating Capacity - The Current Position

Introduction

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 can be one of the most difficult situations to deal with for those undertaking capacity assessments and best interest determinations.

This webinar provides an opportunity to explore the law that governs fluctuating capacity and in particular the developing case law on this subject.

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.

It will be particularly useful for private client lawyers whose clients have fluctuating capacity.

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 webinar will cover the following:

• What is fluctuating capacity and who does it commonly affect?
• The statutory framework for Mental Capacity Act assessments, and how it can be applied to fluctuating capacity
• What the Codes of Practice say about fluctuating capacity
• Tackling temporary fluctuations, predictable fluctuations, and unpredictable fluctuations
• Mental Capacity Act case law on fluctuating capacity
• Macro v micro decisions

This webinar was recorded on 3rd November 2022