Our independent Consultant Psychologists, Consultant Psychiatrists and Neuropsychologists can provide assessments on an individual’s capacity. Assessments encompass various areas such as an individual’s capacity to manage finance and affairs, to make a will or to enter into a relationship.
The Mental Capacity Act (2015) sets out the legal framework for assessing capacity. The principles that apply for the purpose of the act include:
»The individual must be assumed to have capacity unless it has been made apparent that they lack capacity.
»The individual must not be treated as unable to make a decision unless all practical steps have been taken to help the individual to do so, without success.
»The individual is not to be treated as unable to make a decision merely because he makes an unwise decision.
Individuals can be shown to lack capacity in relation to a particular matter, if, at the material time they are unable to make a decision in relation to the matter due to a condition that may cause an impairment to the functioning of their mind and brain.
An individual can be shown to lack capacity if the following criteria are met:
»The individual is unable to understand information relevant to the decision.
»The individual is unable to remember and retain information relevant to the decision.
»The individual is unable to consider important issues long enough to then be able to formulate an opinion.
»The individual is unable to communicate their decision or thoughts (by talking, sign or any other means).