Mental Capacity Assessment & Report Writing for Courts

An in-depth discussion on sections1 to 3, MCA 2005 on what the law is saying, and what assessors must consider.

It will also have an in-depth discussion with relevant caselaw on how to assess:

Understanding
Retention
Weighing
Communication

The discussion on these topics will highlight the various caselaw, and what the Courts expert to see in a report.

Specific Assessment topics to be discussed:
LPA – Completing the Form and Acting as a Certificate Provider
COP3 – Completing the Form and Assessing Capacity to manage Property and Financial Affairs
Capacity to Litigate – The Law, content and structure of reports
Testamentary or Capacity to make a Will – The Law, content and structure of reports
Capacity to make a gift – The Law, content and structure of reports

Legal Update

• Court of Protection – Role of BIAs
• Case Law – Vaccination  and DoLS – Capacity, Best Interest and Vaccination
• DoLS appeals – case law
• Ombudsman ruling and Social Work England ruling
• Representatives: the role of the BIA – case law
• Community DoL applications – case law
• 16-17 year olds and deprivation of liberty – Supreme Court ruling
• Self-neglect and assessing mental capacity – case
• Liberty Protection Safeguards – overview

DoLS