ABSTRACT
Some practitioners are required to assess capacity formally as a routine part of their job. For others, it may come up less often, but is expected in the execution of their role, particularly if they work with potentially vulnerable populations. This chapter provides tips to ensure that the practice in these areas has a sound basis and notes some specific situations that are common in independent practice. Any assessment must include measures to promote decision-making capacity. Solicitors are able to make their own assessments of capacity but, when a client is elderly, unwell or the solicitor is uncertain whether the person has capacity, a referral may be made. Most health professionals try to minimise their Court involvement but, for some issues, the Courts rely on relevant expertise to enable them to function well. The chapter provides advice on issues to address in establishing a sound framework to practice and illustrates the type of practice that is then opened up.
