Mental Capacity means the ability to make decisions for yourself. In some cases a person may be deemed to lack capacity to make specific decisions at a specific time, this may be due to mental and/or physical health problems.

Appoint Us have qualified staff who can carry out Mental Capacity Assessments.

The Mental Capacity Act enables decisions to be made on behalf of the individual if they are deemed unable to make decisions for themselves, whether at a specific time or permanently. Any decisions that will be made on your behalf should be in your best interests. For example, people with severe learning disabilities, severe or enduring mental health needs, or dementia often need to have decisions made for them.

It is important to plan for future care and to safeguard your own interests, and also by providing a plan for those who would be looking after your welfare if you unfortunately become incapacitated, thereby helping those to help you.

Anyone caring for or supporting a person who may lack capacity could be involved in assessing capacity. This will include family members and carers as well as nursing and residential care staff, housing, health, social care.

POWERS OF ATTORNEY OR COURT OF PROTECTION ORDERS

A person wanting to enact a Lasting Power of Attorney for a cared for person, or a Solicitor who wishes to take a case to the Court of Protection for Deputyship may require a report about a person’s capacity to support any decisions being made. We will talk to the person whose capacity is to be assessed, we will test memory and abilities to make decisions and also discuss what they want to happen in their life with regard to important decisions such as accommodation, property and affairs. We will write a report of our findings that will be submitted to the Court of Protection.

We will adhere to the principles of the mental capacity act or person-centred practice in that:

1. We will not assume  lack capacity until there is evidence to suggest  lack capacity
2. We will support to make decisions before we say people are unable to make decisions for themself
3. We will not assume a lack capacity if others believe unwise decisions are being made
4. We will, whether someone has capacity or not, ensure we make decisions that are in the persons best interests
5. Any decision or action taken on behalf of a person who lacks capacity should aim to be the least restrictive option available

TESTAMENTARY CAPACITY

It is sometimes important if you are changing a will and excluding someone who believes they should have benefited, that a Testamentary capacity assessment is completed that can be attached to your will should it be contested. This will confirm that you had capacity at that time to make the decision and some justification for your decision would be recorded within it.

OUR SERVICE

Appoint Us has qualified and trained  staff who can carry out Mental Capacity assessments. We aim to complete assessments and have the report written up and delivered within 14 days

• The service can be accessed by the person requesting the assessment (If they have capacity to give consent), or their families or a Solicitor acting for them.
• This service is NOT confined to Coventry and Warwickshire but we do charge a travel and mileage cost outside of this area.

If you want to discuss any questions you may have in relation to the process, we would welcome your enquiries