This practical, how-to handbook provides essential resources to help clinicians and other professionals assess mental capacity in key decisions. The book illustrates the basics of capacity assessments before discussing a variety of complex issues of which professionals will need to be aware. Offering expertise from a multi-disciplinary perspective, the book provides hands-on coverage of mental capacity law (concentrating on England and Wales).
This book is accompanied by online resources including semi-structured interviews and a multi-disciplinary team (MDT) questionnaire which can be downloaded and used for clinical cases, as well as further examples, information and tips. Please visit www.assessingcapacity.com.
Chapters are written by a variety of different professionals with extensive experience in the assessment of mental capacity. Coverage includes:
- Explanations of mental capacity law and how to put it into practice across a range of settings, services and populations
- A "how to" approach for administering assessments of mental capacity both for professionals who are new to the area and for more experienced professionals
- Information on practical aspects of assessing mental capacity for commonly occurring decisions and for more specialist and complex decisions
- Consideration of the best interests process and Liberty Protection Safeguards (LPS).
With easily accessible information, case studies, examples from case law and internationally relevant discussions on ethical issues, this is the perfect companion to help busy professionals understand complex concepts relating to mental capacity.
Table of Contents
Part 1. Getting Started
Chapter 1. Mental Capacity Past, Present and Future: An Overview
Chapter 2. Some Basic Concepts of the Mental Capacity Act (2005): What You Need to Know
Chapter 3. Legal Perspectives on Practical Capacity Concerns
Chapter 4. International Perspectives on Mental Capacity Law
Part 2. Factors to Consider
Chapter 5. Psychosocial Aspects of Decision-Making and the Assessment of Mental Capacity
Chapter 6. A Functional Perspective to Information Gathering, Risk Assessment and Insight-Building
Chapter 7. Information Relevant to the Decision: Deciding What the Person Needs to Know, and to What Extent, in Order to be Able to Make a Decision
Chapter 8. Introducing a Capacity Assessment to the Person, Family and Carers
Chapter 9. How to Provide Relevant Information and Enhance Mental Capacity
Chapter 10. Capacity Assessment and Cognitive Impairment
Chapter 11. Communication in the Context of Assessing Mental Capacity
Chapter 12. Using a Semi-Structured Interview to Assess Capacity
Part 3. Specific Decisions and Conditions
Chapter 13. Capacity to Consent to Medical Procedures
Chapter 14. Advance Care Planning
Chapter 15. Capacity Assessment for Swallowing Disorders and Feeding Management
Chapter 16. Assessing Capacity in Relation to a Change of Residence or Accommodation and Care Needs
Chapter 17. Assessing Capacity to Consent to Sexual Relations
Chapter 18. Assessing Capacity to Manage Financial Affairs
Chapter 19. Assessing Capacity in Relation to Signing a Tenancy Agreement
Chapter 20. The Courtroom: Capacity to Litigate, Fitness to Plead and Fitness to be a Witness
Chapter 21. Assessing the Mental Capacity of People Living with Dementia: Getting Practice Right
Part 4. Complex Situations
Chapter 22. What to do When Someone Says One Thing, but Does Another: Capacity to Make a Decision and Put it Into Practice
Chapter 23. Assessment of Mental Capacity to Make High-Risk Decisions
Chapter 24. Assessing Mental Capacity When the Decision Needs to be Made Urgently
Chapter 25. Mental Capacity Assessment: What to do When Someone is Refusing to Engage or is Ambivalent
Chapter 26. Changes in Capacity Over Time and in Different Situations
Chapter 27. Involving Friends, Family and Other Professionals in the Assessment of Mental Capacity and the Best Interests Process and Dealing with Any Potential Conflict
Part 5. Issues related to the Mental Capacity Act (2005)
Chapter 28. Capacity Assessment, Deprivation of Liberty and the Liberty Protection Safeguards
Chapter 29. Best Interests Decisions
Chapter 30. The Mental Capacity Act’s Interaction with Other Legislation
Part 6. Additional Considerations
Chapter 31. Ethical Issues in Capacity Assessments and their Outcomes
Chapter 32. Assessing Capacity for the Court or as an Independent Practitioner
Chapter 33. Teaching and Training Capacity Assessors
Dr. Janice A. Mackenzie is a consultant clinical neuropsychologist who has a specialist interest in mental capacity dating back to 2002. She has published research, presented at conferences and provided training on mental capacity to numerous professionals. She developed a semi-structured interview which has been adapted for various different mental capacity assessments.
Dr. Kate E. Wilkinson is a consultant clinical neuropsychologist who has been carrying out complex capacity assessments since 2010 and has developed a particular interest in the complex ethical and sociopolitical aspects of such work. She routinely provides formal teaching, supervision and consultation on mental capacity to professionals from other disciplines.
"A really useful summary of the relevant information and legal guidance coupled with practical tips, cautionary notes and points to remember when assessing mental capacity. It provides illustrative examples of common decisions in clinical practice and discusses complex situations such as high risk decisions, the ‘frontal lobe paradox’, and refusals to engage with the assessment of mental capacity. This book will be a helpful resource for practitioners both for those new to assessments of mental capacity and for those with more experience." – Dr Camilla Herbert, Consultant Clinical Neuropsychologist
Please visit our companion website for additional support materials.