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Mental capacity
Mental Capacity is about being able to make your own decisions.
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Sometimes illnesses or health issues from birth can mean that a person is no longer able to make a decision for themselves.
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At these times we may lack Mental Capacity.
WHY DOES IT MATTER?
What happens when we can no longer make a decision for ourselves?
The law in England and Wales that covers Mental Capacity and decision making is the Mental Capacity Act (2005). This framework guides us in our approach to assessing people when there is a concern that the person may lack mental capacity.
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Capacity is always presumed, and it is the role of the assessor to assess that a person lacks mental capacity. The MCA also allows Best Interest Assessments for those people who do not have a valid Lasting Power of Attorney.
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The Mental Capacity Act (2005) should also be considered in line with other Common Law tests.
Mental Capacity is 'decision-specific'. You may have capacity to deal with your finances, but you may LACK capacity to choose where you live.
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how iswa can help
We have a vast amount of experience assessing Mental Capacity all over the UK. We have worked with Local Authorities, NHS, and legal practices since we started in 2015.
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As an independent social work practice, we are entirely impartial so you know that you are getting an accurate assessment based on the reality of the current situation.
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Our skilled and experienced staff offer the following assessments:
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Capacity to Grant Lasting Power of Attorney
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Capacity to Make a Will (Testamentary Capacity)
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Court of Protection COP3
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Capacity to Gift
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Capacity in relation to Health & Welfare Decisions
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Decision Specific Capacity Assessments
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Capacity to access/use Social Media
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Capacity to Marry/ Civil Partnership
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Capacity to Conduct Court Proceedings
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Retrospective Mental Capacity
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PA14 Probate Assessments
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