Capacity Assessments

During recent Prime Minister’s Questions (PMQs), the issue of reforming the Mental Capacity Act took centre stage with concerns over the current application and the need for reform.

The Mental Capacity Act 2005 (MCA) was designed to provide protections for those who may lack the capacity to make certain decisions for themselves. However, since its implementation it has received criticism for being poorly understood by professionals leading to an inconsistent application an individuals not benefitting from the protections as intended.

Most recently, a call to change the Mental Capacity Act to adapt to the current legislation to align with more contemporary understanding of mental health and capacity. The Prime Minister has agreed to look into reforming this legislation to adapt the way that mental capacity assessments are carried out.

Some MPs, alongside the National Autistic Society, say the current system for these assessments are failing individuals with learning disabilities and other mental health illnesses.

The new proposed measures will allow for families to request capacity assessments on behalf of their loved ones with the view to reducing the amount of people who go under the radar by healthcare professionals.

Capacity assessments are vital for all aspects of Court of Protection work and Care Funding to ensure individuals are able to make informed choices or appoint someone capable of making them in their best interests. Access to assessments is key to ensuring those most vulnerable are supported.

Our specialist Care Funding and Court of Protection team can answer any of your queries relating to capacity assessments, mental capacity and the next steps after an assessment is complete.

Contact our team today to book an appointment with an expert or call 0800 088 6004.