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Useful Information

Mental Capacity Assessments

Appoint Us have qualified staff who can carry out Mental Capacity Assessments.

The Mental Capacity Act enables decisions to be made on behalf of the individual if they are deemed unable to make decisions for themselves, whether at a specific time or permanently. Any decisions that will be made on your behalf should be in your best interests. For example, people with severe learning disabilities, severe or enduring mental health needs, or dementia often need to have decisions made for them.

It is important to plan for future care and to safeguard your own interests, and also by providing a plan for those who would be looking after your welfare if you unfortunately become incapacitated, thereby helping those to help you.

Anyone caring for or supporting a person who may lack capacity could be involved in assessing capacity. This will include family members and carers as well as nursing and residential care staff, housing, health, social care.

A person wanting to enact a Lasting Power of Attorney for a cared for person, or a Solicitor who wishes to take a case to the Court of Protection for deputyship may require a report about a person’s capacity to support any decisions being made. We will interview the person whose capacity is to be assessed, we will test memory and abilities to make decisions and also discuss what they want to happen in their life with regard to important decisions such as accommodation, property and affairs. We will write a report of our findings that will be submitted to the Court of Protection.

We will adhere to the principles of the mental capacity act or person-centred practice in that:

  1. We will not assume you lack capacity until there is evidence to suggest you lack capacity
  2. We will support you to make decisions before we say you are unable to make decisions for yourself
  3. We will not assume you lack capacity if others believe you are making unwise decisions
  4. We will, whether you have capacity or not, ensure we make decisions that are in your own best interests
  5. Any decision or action taken on behalf of a person who lacks capacity should aim to be the least restrictive option available

If you want to discuss any questions you may have in relation to the process, we would welcome your enquiries.