ABSTRACT
Introducing and explaining a capacity assessment could reasonably be expected to be relatively straightforward. Many family members or carers struggle with the mental capacity process and, in particular, the concept of “unwise” decision-making. Carers or relatives may ask to be part of mental capacity assessments as they know the person and can help with understanding, communication and reducing anxiety. In decisions that are significant or contentious, some services recommend that two assessors attend, one who knows the person and one who is independent. Whilst this may be helpful, it is likely that in cases where mental capacity is “borderline” or difficult to work out, the important issue is producing a robust mental capacity assessment that can stand up to scrutiny. Parents or carers of younger adults also struggle with that transition from making decisions for their child to the mental capacity and best interests process relevant to them as new adults.
