Mental Capacity Assessors - OFHCARE

1. Components of Mental Capacity Assessment Presenter: OFHCARE

2. Content Synopsis OVERVIEW OF KEY IDEAS The MCA Definition Lasting Power of Attorney Court of Protection Testamentary Capacity Capacity To Manage Property and Financial Affairs

3. MENTAL CAPACITY ASSESSMENT A mental capacity assessment is a process used to determine whether an individual can safely make specific decisions about their welfare. The evaluation may be carried out by using a structured interview or a series of structured interviews with the individual who is to be assessed. The MCA Definition

4. Lasting Power of Attorney A lasting power of attorney (LPA) is the legal authority given to one or more people you trust (your attorney(s)) to support you with making specific decisions or to make decisions on your behalf if you lose mental capacity at some point in the future to make the particular decisions yourself. When you give someone the authority to act as your attorney, you are referred to as the “donor”. For example, you can appoint a lasting power of attorney property and financial affairs to support you with decisions around your general finances or specific matters. It can become effective as soon as it is registered. This means you can be assisted by your attorney, even if you haven’t lost your mental capacity but, you are in agreement for your lasting power of attorney to act on your behalf when you can still make decisions about your property and financial affairs. LPA

5. COURT OF PROTECTION The Court of Protection is a specialist Court that deals with decisions relating to people who lack the mental capacity to make certain choices for themselves. These decisions range from managing property and financial affairs, making health and welfare decisions, lasting power of attorney UK, writing a will (testamentary capacity), making a lifetime gift, litigation capacity (capacity to conduct proceedings), decisions to marry, consent to sexual relations and many more. COP3

6. Testamentary Capacity Testamentary capacity relates to one’s capacity to make a Will. Testamentary capacity is not covered by the Mental Capacity Act (2005) and so requires another legal test known as Banks v Goodfellow.

7. A person can appoint someone they trust to act on their behalf in managing their affairs should they lose Mental Capacity. Similarly, the Court of Protection can appoint a Deputy to act on a person’s behalf in managing their affairs when they have lost capacity in this respect and have not given someone else the legal authority to act on their behalf. CAPACITY TO MANAGE PROPERTY AND FINANCIAL AFFAIRS

8. Mental Evaluation Cognitive Evaluation Laboratory Testing Physical Exam Presentations are communication tools that can be used as lectures, speeches, reports, and more. Presentations are communication tools that can be used as lectures, speeches, reports, and more. Presentations are communication tools that can be used as lectures, speeches, reports, and more. Presentations are communication tools that can be used as lectures, speeches, reports, and more. Mental Health Assessment Components

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