If you want to learn about mental capacity assessments and what kind of questions are asked during the process, please contact our professionals at Mental Capacity Assess.
What is meant by mental capacity?
Mental capacity applies to every person and is defined as the capability of a person to understand the information provided and make decisions regarding it.
The mental capacity of a person can be affected by mental disorders, depression and dementia.
What is meant by a mental capacity assessment?
If a person lacks mental capacity, then a mental capacity assessment is conducted which will help in determining whether a person can understand a situation and make a certain “capacitous” decision about it.
Who assesses the mental capacity of a person?
There are no rules regarding who can assess the mental capacity of a person. However, most of the time, this assessment is carried out by doctors, psychologists, and social workers.
Current legislation on mental capacity assessment
Currently, the Mental Capacity Act 2005 regulates mental capacity assessment in England and Wales. However, there are certain situations in which this Act does not apply. In all those scenarios, there is different case law that will apply to determine the mental capacity of a person.
Principles of mental capacity assessment
There are five principles of mental capacity assessment recognised under the Mental Capacity Act 2005 as defined below:
- Every person will be assumed to have the mental capacity to make decisions unless proven otherwise.
- Practical help shall be provided to the person before declaring him or her as being mental incapable to make decisions.
- People can make decisions that would be considered unwise by others, and it won’t mean that the person does not have the mental capacity to make a decision.
- Actions must be taken in the person’s best interest.
- The person who will be making decisions on behalf of the person lacking incapacity should make sure to not interfere with the rights and freedoms of the person.
Tests for mental capacity assessment
Two tests are conducted to assess the mental capacity of a person:
Test questions for mental capacity assessment
In the functional test, certain questions can be asked to determine the decision being made:
- How did you reach to this decision?
- What points did you consider when making the decision?
- What information was provided to you before making the decision?
- How did you balance different factors when making the decision?
For further questions about how a mental capacity assessment is conducted and what kind of questions are asked during the test, please get in contact with our professionals at Mental Capacity Assess.