Mental Capacity Act 2005 - Tools for
Professionals
Assessing lack of capacity
The Act sets out a single clear test for assessing whether a
person lacks capacity to take a particular decision at a particular
time. It is a 'decision-specific' test. No one can simply be
labelled 'incapable' as a result of a particular medical condition
or diagnosis.
It is intended that anyone involved in the care of an individual
should be able to use the test to determine whether there is
capacity in relation to the decision in question. The date, the
nature of the decision in question and the outcome of any
assessment should be recorded, both as part of the tracking of the
decision making process and as a possible (but not definitive)
guide for the future.
Below are the documents to be completed by those in
Worcestershire who are assessing the capacity of another and
recording a best interest decision when a person is found to lack
capacity.
Onside Advocacy
Onside Advocacy
website
Onside provides a range of support and services for adults who may
be vulnerable, disadvantaged, discriminated against or
excluded.
For all professionals
The Mental Capacity Act 2005 'Making
Decisions' series of booklets provide an in-depth explanation and
can be downloaded from the website below.
The Act says that people must be supported to
make their own decisions before they are found to lack
capacity. The following is a Department of Health
guide to good practice
Various training materials are
available from the Dept of Health funded:
For care home staff:
Worcestershire's Deprivation of Liberty
Safeguards Team has created the following advice on implementing
the Mental Capacity Act in care homes
There are training materials relevant to care
home settings on this site:
For professionals in other settings
The Dept of Health produced a series of 'Core
Training Sets' for staff in hospitals, mental health settings etc,
which can be downloaded from:
This page was last reviewed 10 February 2012 at 14:34.
The page is next due for review 8 August 2013.