ABSTRACT

Mental capacity is a complex subject that can take away someone’s independence and ability to make their own decisions. It is important to remember that capacity assessments are only one part of the decision-making process, and supported decision-making is what one should be aiming for in order to maximise the number of people able to make decisions about their own lives. This book takes a multi-disciplinary approach to reflect a gold standard approach to mental capacity assessments, although one knows that multidisciplinary assessments are not always possible in real life. It covers complex aspects of the Mental Capacity Act including Deprivation of Liberty Safeguards or Liberty Protection Safeguards, the best interests decision-making process and the interaction with other Acts such as the Mental Health Act and the Sexual Offences Act. Additional information regarding tips on assessing capacity for the Court or as an independent practitioner is provided.