Understanding Mental Capacity Assessments: What You Need to Know?

What is Mental Capacity?

Mental capacity is the ability to understand and make decisions on one’s own behalf. It is not to be confused with mental illness or incapacitation. Mental capacity is a person’s total capacity to understand and make decisions for themselves, regardless of whether they are aware of these capacities.

What is a mental capacity assessment?

A mental capacity assessment is a legal proceeding to determine if someone has the mental capacity to give consent or if a court has the legal right to withdraw the consent given by someone who is mentally incompetent. It is a process the courts use to make sure people who are in power over others (i.e., people who are doctors, lawyers, or law enforcement officers) have accurate and complete information about the capacity of the people they are treating. It is a way for the law to protect people who might not be as informed as they should be about their own health and medical care.

Who Needs a Mental Capacity Assessment?

People whose capacity to make decisions for their health or safety may be at risk are people with mental illnesses, people with developmental disabilities, and people who are in certain occupations, such as parents, guardians, and professionals caring for a loved one. It is also important to remember that mental illness is not a reason to deny anyone treatment that they need. People who are at risk include minors, people with substance use disorders, and people with other mental health or developmental disabilities. People who are vulnerable, such as illness or entangled in a power struggle.

How to Evaluate Someone’s Mental Health Status?

Mental health status assessments gather information about the patient’s current mental conditions and their ability to function in different situations. These might include how a patient handles stress and what they do when feeling depressed. A full assessment could also have a medical exam, psychological test, and assessment of the drug regimen the patient is taking.

There is a two-stage mental capacity test under the Mental Capacity Act 2005 (MCA).

To begin, there are queries regarding a person’s actions that examine a disability or disorder in the intellect or brain’s performance. An underlying medical condition, an injury, or environmental factors like intoxication or drug abuse could cause this. The diagnostic test entails examining material such as medical records and police reports. It’s crucial to avoid making decisions based on someone’s age or looks.

Second, a functional capacity assessment is conducted, which involves asking questions about how the impairment, if present, affects judgment. This isn’t a multiple-choice question because people can be capable of creating some decisions, but not others, and their aptitude can vary considerably. As a result, it is paramount to evaluate people’s abilities whenever a judgment must be undertaken.

Who Can Conduct a Mental Capacity Evaluation?

In terms of who can perform a mental capability examination, the answer is practically anyone. Nevertheless, this should be done by someone who is active in assisting the individual being tested and will be in charge of reaching a choice if the individual fails to act.

This is typically a family member, long-time friend, mental competency lawyer, social worker, therapist, caregiver, nurse, or court-appointed personnel.

If the assessment is significant to a judicial proceeding, such as deciding whether to sell a home or is of inherent complexity, a mental capacity evaluation should be conducted by a trained professional for a precise assessment to be produced.

What To Do If The Test Uncovers Incapacity?

You will need to take action under the Mental Health Act or Adult or Children’s Safeguarding Regulations if it is determined that the person is unable to make a choice because that is capable of putting them or others in danger.

You may want to consider appointing a deputy, which requires filing an application with the Court of Protection if you believe this is not a variable capacity. It may be more acceptable to establish a Perpetual Power of Attorney and record it with the Public Guardian Office if a person only requires assistance with making decisions.

Conclusion:

Our mental capacity solicitors can assist you if you need information on how to conduct a mental capacity assessment or if you need guidance after one has been completed. Please get in touch with our knowledgeable staff right away.