Navigating Fluctuating Capacity & Executive Functioning - Strengthen Your Expertise

Introduction

Assessing mental capacity is not always straightforward. Some of the most challenging cases arise when capacity fluctuates, or when individuals can clearly express decisions but are unable to act on them.

Under the Mental Capacity Act 2005, issues like fluctuating capacity (seen in conditions such as bipolar disorder, dementia, or brain injury) and executive dysfunction (often linked to autism, Prader-Willi syndrome, OCD, and hoarding) regularly create uncertainty in practice. Yet the Act itself is largely silent on these complexities, with only limited guidance in the Code of Practice.

This new virtual classroom seminar will give you the clarity you need. The session will explore how fluctuating capacity and executive dysfunction should be understood within the legal framework, alongside a review of key and recent case law. You will gain the insight required to apply the Act with confidence in real-world situations, reducing risk and improving decision-making.

Designed for private client lawyers, local authority and NHS practitioners, as well as advisers working with older or disabled individuals and their families, this session will strengthen your expertise where it matters most. Register today to deepen your understanding and handle complex capacity issues with confidence.

What You Will Learn

The session will cover the following:

• What is meant by fluctuating capacity and executive functioning?
• The legal framework for fluctuating capacity and executive dysfunction
• What approaches do the courts take when it comes to fluctuating capacity and executive dysfunction?
• How can capacity be assessed when someone has executive functioning problems?
• How to assess capacity and take best interests decisions when a person’s capacity fluctuates

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.