Health and Welfare Decisions

The Mental Capacity Act (2005) provides guidance for assessing an individual’s capacity to make decisions. For any assessments required regarding health and welfare decisions, our team can formally assess and where appropriate undertake best interest assessments.

What is the Mental Capacity Act?

The Mental Capacity Act (MCA) is designed to empower and protect those who may lack mental capacity to make their own decisions about their care and treatment. 

The MCA covers decisions ranging from what an individual chooses to wear in the morning to serious life decision regarding issues such as residency and treatment.

1. Does the person have an impairment of their mind or brain, whether as a result of an illness, or external factors such as alcohol or drug use?

Mental Capacity Insights (1)

2. Does the impairment mean the person is unable to make a specific decision when they need to? People can lack capacity to make some decisions, but have capacity to make others. Mental capacity can also fluctuate with time – someone may lack capacity at one point in time, but may be able to make the same decision at a later point in time.

Where appropriate, people should be allowed the time to make a decision themselves.

The MCA says a person is unable to make a decision if they cannot:

  • Understand the information relevant to the decision
  • Retain that information
  • Use or weigh up that information as part of the process of making the decision

How we can help

The MCA highlights that assessments are time and decision specific. At times, a formal assessment may be required regarding big life decisions. We work closely with local authorities, solicitors and Attorneys for specific assessments to support future care planning.

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Contact Us Today

When it comes to securing expert witness services for mental capacity assessments, you need a team that not only understands the law but also excels in the practical application of that knowledge.

Capacity Insight’s team is that trusted resource. We are a team of experts who can help you navigate the complexities of mental capacity.

If you are ready to discuss your case or have any questions about our services, then reach out to us today to learn more about how we can support your legal needs.

Jo Hume-Gurney - Lead Consultant
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