NHS Continuing Healthcare and mental capacity
Mental capacity matters for particular decisions within the CHC process, such as an examination, sharing information with family and deciding care arrangements. The person should be sup…
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Mental capacity 1
Browse guidance and practitioner perspectives on Mental capacity 1. The articles below explain the relevant questions, evidence and practical considerations; check each article's date, sources and jurisdiction.
Showing 18 of 66 pages
Do You Need a COP3 or a Full Mental Capacity Report?
A COP3 is the Court of Protection form used to provide formal evidence of capacity for a specific application. A full mental capacity report is usually a more detailed evidential docume…
Read moreDo You Need a COP3 or a Full Mental Capacity Report?
A COP3 is the Court of Protection form used to provide formal evidence of capacity for a specific application. A full mental capacity report is usually a more detailed evidential docume…
Read moreFind the Right Specialist Support
This route-finding section helps you understand whether the right starting point may be independent social work, psychological input, a mental capacity assessment, COP3 evidence, SEND s…
Read moreHow to Find an Independent Social Worker
Independent social work can be relevant in care disputes, safeguarding concerns, best interests decisions, mental capacity matters, Court of Protection evidence, deputyship concerns, ho…
Read moreThe Mental Capacity Act 2005
The Mental Capacity Act 2005 provides a framework for assessing capacity for a particular decision and for acting or deciding under the Act where a person lacks that capacity. It applie…
Read moreMental Capacity Assessor: How to Choose the Right Capacity Assessment Provider
Our registered social workers and psychologists complete decision-specific mental capacity assessments for families, solicitors, professional deputies, case managers, local authorities …
Read moreSocial Worker, Psychologist or Mental Capacity Assessor: Who Do You Need?
The safest approach is to start with the professional question, not the job title. A registered social worker may complete social care assessments, safeguarding-related reports, best in…
Read moreSocial Worker, Psychologist or Mental Capacity Assessor: Who Do You Need?
The safest approach is to start with the professional question, not the job title. A registered social worker may complete social care assessments, safeguarding-related reports, best in…
Read moreSocial Worker, Psychologist or Mental Capacity Assessor: Who Do You Need?
The safest approach is to start with the professional question, not the job title. A registered social worker may complete social care assessments, safeguarding-related reports, best in…
Read moreWhat Happens During a Mental Capacity Assessment?
During a mental capacity assessment the assessor sits with the person and talks with them about one specific decision. They explain who they are and why they are there, check how the pe…
Read moreWhen Should You Instruct an Independent Social Worker?
A registered social worker is not limited to care coordination. Suitably experienced social workers can provide expert assessment, analysis and evidence across adult social care, mental…
Read moreWhen Should You Instruct an Independent Social Worker?
A registered social worker is not limited to care coordination. Suitably experienced social workers can provide expert assessment, analysis and evidence across adult social care, mental…
Read moreBanks v Goodfellow and the test for making a will
In England and Wales, capacity to make a will is assessed under Banks v Goodfellow. The question concerns the particular will at the relevant time; a diagnosis, cognitive score or gener…
Read moreHow to compare mental capacity assessment services in England
Compare assessment providers by their competence for the particular decision, support for the person, independence, report contents and full fee. Online reviews and team size cannot est…
Read moreCommon flaws in mental capacity reports
A capacity report is weakened by an unclear decision, the wrong legal test, missing support, unexplained functional findings or a missing causal link to an impairment. Review the reason…
Read moreCompassionate mental capacity assessors for elderly relatives
A 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 moreCPR Part 35: A Solicitor's Guide to Instructing a Mental Capacity Expert
A solicitor instructing a capacity expert should identify the proceedings, the precise question and relevant date, the applicable test, the records and the court’s directions. CPR Part …
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