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Category: Mental Capacity Act 2005

What is a COP3 Mental Capacity Report?

A COP3 Mental Capacity Report is a report used in the Court of Protection to record whether a person has the mental capacity to make a specific decision in relation to their health, welfare, property or financial affairs. It is estimated that adults make in the region of 35000 decisions every day.  That’s a lot, […]

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Testamentary Capacity Assessments: A Guide for Practitioners

What is a Testamentary Mental Capacity Assessment? Health and social care professionals undertake a range of mental capacity assessments.  One that you may not have encountered quite as often as others is a testamentary capacity assessment.  Quite simply, testamentary is related to a will or testament; a testamentary mental capacity assessment therefore is a determination […]

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Mental Capacity Assessments and Reports

What mental capacity assessments and reports do we offer? Neil and Gary are very experienced in all things mental capacity; both have been completing mental capacity assessments for over ten years.  Mental capacity assessments are undertaken by health and social care professionals on a daily basis, most are relatively straight forward and form part of […]

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Testamentary Capacity Assessments: A Guide for Practitioners

If you have arrived here whilst looking for a reliable company to complete a testamentary mental capacity assessment, then Google has directed you to the wrong page… but the right company!  Please visit out testamentary capacity page or email hello@simplysocialwork.co.uk for further details.  Health and social care professionals will be familiar with mental capacity […]

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Mental Capacity Act Video: The 5 Principles

The Mental Capacity Act is based upon 5 fundamental principles. They ensure that people’s rights aren’t interfered with unnecessarily whist providing the best interests and less restrictive principles for when decisions have to be made by other people.

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Mental Capacity Assessments: What Order Should Questions be Asked?

When assessing a person’s mental capacity to make a specific decision, there are 3 questions that need to be asked: Is there an impairment or disturbance in the functioning of the person’s mind or brain? Is the person unable to make the decision? Is the person’s inability to make the decision because of the impairment […]

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Mental Capacity Act (Amendment) Bill: House of Lords Committee Stage

This week saw the Mental Capacity Act (Amendment) Bill (the Bill that will introduce the Liberty Protection Safeguards) move to Committee Stage in the House of Lords and on 5th September around 5 hours of discussions were held. The discussions concerned just a few (of the many) amendments that the Lords would like to see […]

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What is a Mental Capacity Assessment?

In a previous post, I introduced the Mental Capacity Act and the fact that some people can’t make some decisions for themselves. In such cases, the Mental Capacity Act and other case law provide frameworks and tests used to assess whether a person has the Mental Capacity to make a particular decision. The Mental Capacity […]

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What is Mental Capacity?

Mental capacity is the ability to make decisions. Sometimes decisions are relatively simple and made on a daily basis such as what to wear, what to eat and what to do that day.  Other times, decisions are more complex, made less often and might have legal implications such as agreeing to medical treatment, making a […]

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Deprivation of Liberty Safeguards: The Future Looks a Little Less Clear

Deprivation of Liberty Safeguards Yesterday the Law Commission published their Mental Capacity and Deprivation of Liberty Interim Statement. It follows their consultation paper published in July 2015 which set out a complete overhaul of the Deprivation of Liberty Safeguards (DoLS) and proposed a new ‘Protective Care’ scheme that was wider in scope than the current […]

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