Grandpa on a Skateboard

Introduction SECTION The Boring Yet Essential Stuff A very brief overview of the Mental Capacity Act The five principles of the Mental Capacity Act A brief overview of the two-stage test for mental capacity Applying the Mental Capacity Act What is not covered by the Mental Capacity Act? What age groups are covered by the Mental Capacity Act? Who can assess mental capacity? Setting the Threshold of Understanding The CMSL Principle Setting the bar ‘Best interest’ v ‘unwise’ decisions Capacity is time and item specific Fluctuating capacity Delirium SECTION Setting the assessment The referral process: identifying the decision to be addressed Gathering the information Engaging with the patient When and where to assess Asking the right questions Engaging with the patient/client Live video-link assessments SECTION The two-stage test: breaking it down step by step What is the two-stage test? The diagnostic test The functional test The Causative Nexus Administering the functional test Understanding information relevant to the decision being made Retaining information relevant to the decision being made Defining an unwise decision Communicating the decision Understanding v Communication Recording your assessment You’ve done your assessment: what now? SECTION The most common mistakes when assessing mental capacity Not being specific about the decision in question Using the wrong tests Assuming a lack of capacity or ‘blanket capacity’ Asking the wrong questions Making a moral judgement Failure to validate information SECTION Additional resources Report template Anonymised report Referral Form Appendix The two-stage test What Next? Acknowledgements