Assessing Mental Capacity: 10 Top Tips for Practitioners
Essential Tips for Mental Capacity Assessment The assessment of mental capacity is a crucial undertaking that balances an individual's autonomy against the need for necessary protection, following principles enshrined primarily in the Mental Capacity Act 2005 (MCA). To ensure consistency, fairness, and legal defensibility, assessors must adhere rigorously to established statutory principles and judicial guidance. Click each heading below to view the full details of the top 10 essential tips: 1. Follow the Statutory Two-Stage Test in the Correct Order The fundamental test for capacity involves two stages, which must be applied sequentially. Stage 1 (Functional Test): Determine whether the person is currently unable to make the specific decision in question, based on whether they can understand, r...
