Grandpa on a Skateboard

Introduction SECTION 1 The Fundamentals A very brief overview of the Mental Capacity Act The five principles of the Mental Capacity Act A brief overview of the two-stage test for mental capacity Applying the Mental Capacity Act What is not covered by the Mental Capacity Act? What age groups are covered by the Mental Capacity Act? Who can assess mental capacity? Setting the Threshold of Understanding The CMSL Principle Setting the bar 'Best interest' v 'unwise' decisions Capacity is time and item specific Macro v Micro Decisions Delirium SECTION 2 The two-stage test: breaking it down step by step What is the two-stage test? The functional test The 'diagnositic' test The Causative Nexus Administering the functional test Understanding information relevant to the decision being made Understanding v Insight Retaining information relevant to the decision being made Weighing up and Using Defining an unwise decision Communicating the decision Understanding v Communication Recording your assessment Section 3 - A 3-stage Assessment Process The Pre-Assessment Pyramid What's the specific decision? The Correct Test and Caselaw Setting the Threshold of Understanding Creating the Question Set Create your Support Materials Engaging with the individual You've done your assessment: what now? SECTION 4 The most common mistakes when assessing mental capacity Not being specific about the decision in question Using the wrong tests Assuming a lack of capacity or 'blanket capacity' Asking the wrong questions Making a moral judgement Failure to validate information Section 5 - I understand that but...(a series of helpful blogs from my website) Impairment vs. Diagnosis: Unpacking the Crucial Distinction Executive Dysfunction: A Brief Overview Insight vs Understanding: Clarifying the Distinction in Mental Capacity Assessments What happens when a Macro Decision is full of Micro decisions? Apathy and Anxiety - The Opposite Effects On Our Decision Making What is Delusional Thinking - and how to spot it. Vulnerability or lack of capacity? - how to spot the difference Why scaffolding a conversation is so important Mental Health vs Mental Capacity Hiding Behind the First Principle Which Conversation Are You Having? SECTION 6 Additional resources Report template Referral Form Appendix The two-stage test What Next? Acknowledgements The Author