Assessing Mental Capacity - Tricky Issues & Recent Developments

Introduction

The assessment of capacity is at the heart of the Mental Capacity Act 2005.

Often it raises challenging issues for practitioners.

For example, there can be misunderstandings about who should assess, when the assessment should take place and what is the relevant information for the decision in question.

Carrying out a legally robust assessment of capacity is vital.

Someone who is incorrectly assessed as lacking capacity may be denied their right to make a specific decision.

If however, a person lacks the capacity to make specific decisions, that person might make a decision they do not really understand, which could cause harm or put the person at risk.

This webinar is aimed at experienced practitioners with knowledge of the Mental Capacity Act who are seeking to explore some of the tricky issues and problems involved and understand recent developments.

What You Will Learn

This webinar will cover the following:

• How the statutory principles of the Mental Capacity Act impact on assessments
• The complexities of the functional and diagnostic tests of capacity
• Who can assess capacity?
• How assessments can be challenges
• How to deal with cases of fluctuating capacity
• The key case law

This webinar was recorded on 5th June 2023