Guides / 01Communication covers the ability to express needs and to understand others. Where someone cannot reliably communicate pain, distress or discomfort, the risk that a need goes unrecognise…
Read more ↗Guides / 02Frontotemporal dementia often begins with behaviour, personality or language changes, while memory may be less affected early on. CHC evidence should describe the person’s actual judgem…
Read more ↗Guides / 03Motor neurone disease progresses at different rates and can affect breathing, movement, swallowing and communication. Ask the treating team whether the current trajectory meets Fast Tra…
Read more ↗Little Nellies / 04A SEND tribunal hearing focuses on the disputed issues in the appeal and the evidence needed to decide them. The tribunal asks questions and hears the parties and relevant witnesses. Re…
Read more ↗Guides / 05A compassionate assessment gives an older person time, accessible information and appropriate communication support. Choose a practitioner who can assess the actual decision while respe…
Read more ↗Guides / 06A retrospective opinion draws on the decision documents, contemporaneous health and professional records, the person’s own communications and witness accounts. Weight depends on relevan…
Read more ↗Guides / 07There is no fixed legal duration for a COP3 appointment or report. The time depends on the decisions, communication support, records and any need for further meetings; agree the appoint…
Read more ↗Guides / 08Family feedback can help you assess communication, respect and practical reliability. It cannot establish legal competence or guarantee a conclusion, so use it alongside checks on the a…
Read more ↗Guides / 09A dementia diagnosis does not establish lack of capacity. Assess the particular decision at the relevant time, adapt communication and timing, and explain any inability and its connecti…
Read more ↗Guides / 10A learning disability does not determine capacity. Begin with accessible information and appropriate communication support, then assess the particular decision without confusing difficu…
Read more ↗Guides / 11The right assessment format depends on the person’s communication, privacy and support needs, the decision and the available evidence. Remote and in-person assessment both require a rea…
Read more ↗Guides / 12Complex-estate assessment fees depend on the work agreed, including records, communication support, meetings and reporting. Ask for the total price, exclusions and follow-up terms in ad…
Read more ↗Guides / 13Capacity and coercion are different questions. Record the person’s own account, arrange safe communication and distinguish any functional inability from pressure or disagreement.
Read more ↗Guides / 14“Enhanced assessment” describes a provider’s scope rather than a separate legal category. Extra meetings or records may be appropriate where complexity, communication or conflicting evi…
Read more ↗News / 15For most professionals completing Mental Capacity Assessments, Principle 2 will be familiar. Before concluding that someone lacks capacity, we are legally required to take all practicab…
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