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Mental Capacity Assessment


The Mental Capacity Act states that a person lacks capacity if they are unable to make a specific decision because of an impairment of the functioning of mind or brain.

Please click on the link right to access the information on Assessment of Mental Capacity.

The contents of the document:

  • Key Principles of the Mental Capacity Act 2005
  • Relationship to the Mental Health Act 1983 (MHA)
  • New Criminal Offence
  • Deprivation of Liberty
  • Assessing Capacity
  • Recording the Assessment
  • Best Interests
  • Common Law Assessment Decisions
  • Excluded Decisions
  • Lasting Powers of Attorney
  • Court Appointed Deputies
  • Advance Decisions to Refuse Treatment
  • Dispute Process
  • Independent Mental Capacity Advocate (IMCA)

The following forms are available in Appendix 2:

  • Capacity Assessment and Best Interest Form
  • Best Interest Meeting Agenda
  • Best Interest Meeting Information
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