Assessing Capacity
Course Outline
The Mental Capacity Act 2005 was introduced in England and Wales to provide a statutory framework for people who lack capacity to make decisions for themselves, or who have capacity and want to make preparations for a time when they may lack capacity in the future. It puts the needs and wishes of a person who lacks capacity at the centre of any decision making process directly or indirectly via independent advocacy. Central to the Act is the process of assessing a person's capacity each time a decision is required at the time it is required. This course explores the process of assessing capacity.
Course content to include an overview
- How the Act defines a person's capacity to make a decision and how capacity should be assessed?
- What is mental capacity?
- What does the Act mean by 'lack of capacity'?
- What safeguards does the Act provide around assessing someone's capacity?
- What proof of lack of capacity does the Act require?
- What is the test of capacity?
- What does the Act mean by 'inability to make decisions'?
- What other issues might effect capacity?
- What is reasonable belief of 'lack of capacity'?
- What other factors might effect an assessment of capacity?
- What practical steps should be taken when assessing capacity?
- When should professionals be involved?
- Are assessment processes confidential?
- What is someone refuses to be assessed?
- Who should keep a record of assessments?
- How can someone challenge a finding of 'lack of capacity'
Contact TCR for further information and quote price code: E