Mental Capacity Assessment

 

Checking An Individual’s Decision-Making Ability

Our mental capacity assessment is utilized to distinguish an individual’s ability to decide on their own. The Mental Capacity Act 2005 came into place in October 2007 and was brought in to protect individuals who have lost the capability to make any decision on their own and to help others who may lose this capacity in the future.

Signs mental capacity is diminished:

  • A person has been previously diagnosed with a clinical condition that causing cognitive impairments. It has been shown that they lack capacity to make decisions.
  • The person’s behaviour raises doubt as to whether they have capacity for decision making

Other points to recognize:

  • Loss of mental health capacity can be partial or complete, temporary or permanent.
  • People may lose mental capacity in some areas.
  • Mental capacity can also fluctuate over time.

For whichever reason, it is essential to undergo a thorough assessment with an expert clinician in Mental Health Capacity Assessment.

Two stage test to the Mental Capacity Act 2005

  1. Assessment for impairment of or disturbance in functioning which may be caused by concussions, possible mental illness or symptoms of substance and alcohol abuse.
  2. An assessment as to whether the impairment or disturbance sufficient enough to declare that the person does not have the capacity to make a decision.

The Mental Capacity Act established the Court of Protection, which performs to protect individuals who are found to lack the capacity and make rulings on challenging decisions related to their care and welfare.

The Court of Protection may be useful for

  • Determining crucial treatment decisions
  • Determining whether an individual is capable enough to make distinct decisions
  • Resolving disputes over the treatment of an individual deemed to lack capacity
  • Cases involved in the care and treatment of any person under 18 years of age

Mental Capacity Assessments can also be used for Wills and Probate matters – our expert psychologists and psychiatrists can assess an individual’s mental capacity to make a Will. This may take place before a Will is made or can be used as a retrospective assessment tool, following medical diagnosis and important notes to gain an understanding as to whether a person was acting in free will at the time the Will was composed.