Mental Capacity Assessments for Solicitors and Professional Deputies
Whether it’s a comprehensive Mental Capacity Report or COP3 Mental Capacity Assessment you require, our mental capacity assessments are of a high quality and we pride ourselves in attention to detail, ensuring a thorough assessment is undertaken every time. As experienced Social Workers we adopt a strength-based approach to our practice and this includes mental capacity assessments. Strength-based approaches focus on what people can do and the systems of support they have. This approach sits well with the principles of the Mental Capacity Act 2005, particularly the presumption of capacity and the requirement to ensure that all practicable steps are taken to help the person make the decision for themselves. This places us in a good position to be instructed by solicitors and case management companies to undertake mental capacity assessments. All assessments are completed by a registered Social Worker with at least five years experience in assessing mental capacity. We can be instructed to complete assessments for a range of decisions including:
- COP3 reports for Court of Protection applications
- Capacity to make decisions about social media and internet use
- Capacity to manage finances
- Capacity to make an advanced decision to refuse medical treatment
- Capacity to create a Lasting Power of Attorney
- Capacity to decide whether to move to a care home
- Capacity to make welfare decisions
- Capacity to make a will (Testamentary Capacity)
- Capacity to conduct court proceedings (capacity to litigate)
- Capacity to make a gift
- Capacity to consent to sexual relationships
- Capacity to marry
- Capacity to consent to CCTV
Once it has been established that a person lacks the mental capacity to make a particular decision, it is likely that a Best Interests decision will be required. Where a person doesn’t have another appointed to make decisions (such as a Lasting Power of Attorney or court appointed deputy), we can make independent Best Interests decisions using the principles and framework identified within the Mental Capacity Act 2005. We can also advise attorneys and deputies how to make Best Interests decisions.
Why Choose Simply Social Work?
We have been completing Mental Capacity Assessments since 2009 and we’re always keen to ensure that we never stop learning or improving what we do. We have Social Workers registered with Social Work England and Social Care Wales and ensure that our practice complies with their respective professional standards. We have a thorough knowledge of how to apply legislative frameworks, such as the Mental Capacity Act and Care Act, when completing our reports.
However, sometimes the Mental Capacity Act isn’t enough as a stand-alone piece of legislation because common law tests may apply and alternative tests might be more appropriate for some decisions. In these cases, we are aware of the correct tests to use.
Knowledge of legislation and the correct test isn’t always enough to ensure a thorough and accurate assessment is completed. Excellent communication skills and a person-centred approach is also required to ensure the correct information is obtained and communicated within our assessments and subsequent reports. We know that time is not always on your side when you require a professional report. That is why we aim to have our assessments and report back to you within four weeks of being instructed. Unless you are instructing us to complete a COP3 report, then it is a week.
If you would like to instruct us to complete a one-off or regular mental capacity assessments, please do not hesitate to email us, hello@simplysocialwork.co.uk.
