Mental Capacity Guidance Note: Capacity Assessment – May 2021

Mental Capacity Guidance Note: Capacity Assessment – May 2021


CategoryNews, Newsletters Author Victoria Butler-Cole QC, Simon Edwards, Neil Allen, Katharine Scott, Alexander Ruck Keene, Annabel Lee, Nicola Kohn, Katherine Barnes Date

This purpose of this document is to provide for social workers and those working in front-line clinical settings an overview of the law and principles relating to the assessment of capacity. Its focus is on (a) how to apply the MCA 2005 principles when assessing capacity; and (b) how to record your assessment, primarily in the context of health and welfare decisions.

Click HERE to read the guidance note.

Click HERE to read the note setting out the types of information that the courts have identified as relevant (and irrelevant) to the key categories of decision that arise most frequently, such as residence, care, context, deprivation of liberty, social media and sex.

 


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