Mental Capacity Assessment
What is a Mental Capacity Assessment?
A Mental Capacity Assessment is an assessment of a person's ability to make a decision. Sometimes, a person's ability to make decisions is impaired or reduced either temporarily or permanently and they may rely on others to make decisions for them. It sounds straight forward but we all have different values and often reach different conclusions about 'the best' course of action. There are also the views of the person themselves to consider... what decision would the person make, if they could?
If you prefer to skip the information about mental capacity on these pages and enquire about a COP3, testamentary or litigation capacity report, please email hello@simplysocialwork.co.uk or head to our contact page.
We spend most of our lives making decisions on a daily basis and rarely do we stop and think about the processes we’re going through as we make them. It is estimated that a typical adult makes around 3500 decisions every day! Sometimes they’re almost instant decisions … Do I get out of bed now? When do I feed the cat? Do I stop at this supermarket or the next? What we are going to wear is usually solved by a quick glance out of the window and what we are going to eat often depends upon what’s in the fridge or on the menu at a particular restaurant. But what happens when we’re not able to make some decisions anymore? What happens when looking out of the window has little or no association with the clothes we wear? Decisions aren’t always small decisions either. We might need to decide where to live, what to do with our money or who to leave our prized possessions to in our will.
The reality is, throughout our lives we have to make decisions both great and small and sometimes people are not able to make these decisions. What happens in those circumstances?
The Mental Capacity Act (and in some instances common law tests) provides a framework for assessing whether people can make their own decisions and what to do if they can’t. We provide a range of professional services in this area from assessing mental capacity to helping make decisions. Please follow the links to find out more about the services we offer.
The Mental Capacity Act (2005) provides a framework for assessing a person’s mental capacity to make a particular decision at a particular time. Health, welfare and financial decisions can all be assessed using the Act as a framework although it is just one of six different tests that can be used depending upon the decision being assessed. Other decisions, such as whether a person has the mental capacity to create a will or undertake court proceedings, require different tests. It’s imperative that those who assess mental capacity are familiar with which test to apply in different situations. These tests are the same tests that lawyers are familiar with and judges use to make decisions in court. It is vitally important that it’s clear from the start what decision is being assessed. A focused, specific decision makes for an accurate assessment, whereas a more general decision makes for a less accurate assessment and flies in the face good practice. Some of the decisions that we might be asked to assess mental capacity relate to:
- COP3 reports for applications to the Court of Protection
- Social media and internet use
- Managing finances
- Creating an advanced decisions to refuse medical treatment
- Creating a Lasting Power of Attorney
- Making welfare decisions
- Deciding where to live
- Making a will (testamentary capacity)
- Conducting court proceedings (capacity to litigate)
- Marriage
- Engaging in sexual relations
- The use of CCTV
We can also assess the mental capacity of children in certain circumstances where the Mental Capacity Act permits. These are:
- The management of property and affairs of someone under 16 if they are likely to lack capacity when they turn 18
- The criminal offences of ill-treatment or wilful neglect of a person lacking capacity regardless of their age
Our experience of working with children and young people with Special Educational Needs and Disabilities (SEND) dates back to 2005 and we understand the different approaches required when assessing the capacity of adults or children. We also understand that communication is key to helping someone make decisions for themselves, that’s why we do all we can to identify appropriate communication methods for the person involved.
Who can be a Mental Capacity Assessor?
Where a person lacks the mental capacity to make a decision, day-to-day decisions are often make by those caring for the person, an attorney they have appointed or a deputy appointed by the courts. Decisions such as what the person eats and wears are simple decisions made on a daily basis. However, more complex decisions such as where the person might live or how they are cared for are usually undertaken by a skilled Mental Capacity Assessor. Mental Capacity Assessors are often Social Workers, Psychiatrists or other Health and Social Care professionals. Social Workers, in particular, are skilled Mental Capacity Assessors, particularly those who have undertaken additional training as Best Interests Assessors.