What is Mental Capacity Assessment? What triggers capacity assessment? The assessing mental capacity tool aims to help you assess whether a patient has the capacity to make that decision. This practical, easy to use tool will enable you to break down the assessment into a number of discrete, legally-compliant steps, as laid down in the Mental Capacity Act for England and Wales.
Checklist for mental capacity assessors The assessor is satisfied that the first part of the two-stage test , the diagnostic stage , is met. The assessor is clear about the concrete details of the choice facing the person, for example, between living in a care. Checklist for Practitioners applying The Mental Capacity Act Principles: Apply them in practice 1. Assume the person has capacity unless proven otherwise. A mental capacity assessment should be undertaken when the capacity of a patient to consent to treatment is in doubt. Lack of capacity cannot be demonstrated by referring to a person’s age or appearance, condition or any aspect of their behaviour.
CAPACITY CHECKLIST Capacity Generally There is no single definition of capacity , nor is there a general test or criteria to apply for establishing capacity , mental capacity , or competency. For example, patients who score less than on the 30-point Mini- Mental State Examination. The Mental Capacity Act states that a person lacks capacity if they are unable to make a specific decision, at a specific time, because of an impairment of, or disturbance, in the functioning of mind or brain. This factsheet sets out the things to look for when assessing the capacity of a patient.
See full list on medicalprotection. Mental capacity is the ability to make a decision. If a person lacks capacity, they have an impairment or disturbance that leaves them unable to make a decision. The loss of capacity could be partial or temporary. It is possible for a person to lack capacity to make one specific decision but not about another.
The reasons for questioning if a person has capacity to make a decision at a particular time may be that: 1. The person’s behaviour or circumstances raise doubt as to whether they have the capacity to make a decision. The person has previously been diagnosed with a condition causing an impairment to the performance of their mind or brain, and it has already been shown that they lack capacity to make other decisions. If you think that an individual lacks capacity, you need to be able to demonstrate it. You should be able to show that it is more likely than not – ie, a balance of probability – that the person lacks the capacity to make a specific decision when they need to.
An assessment that a person lacks capacity to make decisions should never be based simply on the person’s age, appearance, assumptions about their condition (includes physical disabilities, learning difficulties and temporary conditions (eg, drunkeness or unconsciousness), or any aspect of their behaviour. It is important to document any decisions you make in assessing capacity, and any reasons for the clinical judgment that you come to. The starting assumption should always be that the person has capacity.
The Act details a two-stage test of capacity: 1. Does the person have an impairment, or a disturbance in the functioning, of their mind or brain? This can include, for example, conditions associated with mental illness, concussion, or symptoms of drug or alcohol abuse. Does the impairment or disturbance mean that the person is unable to make a specific decision when they need to?
You should offer all appropriate and practical support to achieve this before applying this stage of the test. To be able to make a decision a person should be able to: 1. Understand the decision to be made and the information provided about the decision. The consequences of making a decision must be included in the information given. Retain the information – a person should be able to retain the information given for long enough to make the decision.
If information can only be retained for short periods of time, it should not automatically be assumed that the person lacks capacity. Notebooks, for example, could be used to record information which may help a person to retain it. Use that information in making the decision – a person should be able to weigh up the pros and cons of making the decision.
Communicate their decision – if a person cannot communicate their decision – for example, if they are in a coma – the Act specifies that they should be treated as if they lack capacity. You should make all efforts to help the person communicate their decision before deciding they cannot. This will need to be regularly assessed in relation to each decision taken, and carefully documented.
Capacity is dynamic and a specific function in relation to the decision to be taken. This toolkit provides practical guidance to assist doctors in England and Wales in making decisions in the best interests of adults who lack capacity. It sets out the decision-making process that you should follow and the different factors that you should consider.
Assessing mental capacity -a checklist for social workers. Next, fill out any ways the patient could be at risk, and check all boxes that apply in the Mental Status Exam section. Finally, conclude with any ways the issue impairs the patient. A person can also recover mental capacity (for example, following a severe stroke).
Assessment of Older Adults with Diminished Capacity : A Handbook for Lawyers This book offers ideas and makes suggestions for attorneys who wish to balance the competing goals of autonomy and protection as they confront the difficult challenges of working with older adults with problems in decision-making capacity. MCA Best Interest Checklist. This Best Interests checklist can only be used once it has been established that the person lacks mental capacity to make their own decision.
The form ‘Record of an Assessment of Mental Capacity’ is a tool to document this process.