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Specialising in Carrying out Mental Capacity Assessments & Best Interest Decision Making

Services

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  • Certificate Provider: Where they maybe some concern to the donor’s mental capacity. A separate record of mental capacity will be provided

 

  • Mental Capacity Assessments for the Court of Protection for Deputy applications

 

  • Provide support and documentation to Attorneys and Deputies, including full Social Care Needs Assessments and reviews, detailed letters, reports and fact sheets

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  • Mental Health Assessments including cognitive assessments. I can provide support to find suitable services and care provision

 

  • Benefit Claims such as Attendance Allowance and Personal Independent Payments. Continuing Health Care Screening and attend 'continuing health care full determination' meetings

 

  • Bespoke Social work services to meet your individual clients needs​

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  • Provide a clear view of care options available – at home, in a care home, or something in between. Shortlist the most appropriate care providers and vacancies​ and provide support and advice until the best solution is found​​

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Please get in touch for a free half hour consultation

Self Funders
Self Funders

Self-funders who have been assessed as lacking capacity to make decisions about their accommodation are unlikely to have capacity to make decisions about payment. Often they will have an attorney, set up by an enduring or lasting power of attorney, to manage their money. In other situations, particularly where a person recently lost capacity, or a spouse or civil partner who previously managed the finances recently died, an application may need to be made to the Court of Protection to appoint a deputy to manage the person's property and affairs, which I can assist with, with one - to - one support.

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If you find it difficult to understand your care and support or find it hard speak up, I can act as a spokesperson for you. I can make sure you're heard and can advocate for you.

 

For example, I can help you:

  • understand the care and support process

  • talk about how you feel about your care

  • make decisions

  • challenge decisions about your care and support if you do not agree with them

  • stand up for your rights

 

I can write letters for you and attend meetings with you. As an advocate, I will support you during:

  • assessments

  • care and support planning

  • safeguarding and reviews

Local Authorities
Local Authorities

The Mental Capacity Act is designed to protect and empower people who may lack the mental capacity to make their own decisions about their care and treatment and applies to people aged 18 and over. It covers decisions about day-to-day things like what to wear or what to buy for the weekly shop, or serious life-changing decisions like whether to move into a care home or have major surgery. But just because a person a health condition doesn't necessarily mean they lack the capacity to make a specific decision.

Someone can lack capacity to make some decisions (for example, to decide on complex financial issues) but still have the capacity to make other decisions (for example, to decide what items to buy at the local shop).

 

The Mental Capacity Act says:

  • assume a person has the capacity to make a decision themselves, unless it's proved otherwise

  • wherever possible, help people to make their own decisions

  • don't treat a person as lacking the capacity to make a decision just because they make an unwise decision

  • if you make a decision for someone who doesn't have capacity, it must be in their best interests

  • treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms

 

The Mental Capacity Act also allows people to express their preferences for care and treatment, and to appoint a trusted person to make a decision on their behalf should they lack capacity in the future.

People should also be provided with an independent advocate, which is where I step in. I can support you to make decisions in certain situations, such as serious treatment or where you might have significant restrictions placed on your freedom and rights in your best interests.

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I can provide:

  • Independent Advocacy 

  • Social Care Reviews

  • Continuing Health Care Checklist

  • Full Determination Assessments

Care Homes
Care Homes / Service Providers

The most important question when looking for care for yourself, an elderly family member or friend is often, “what sort of care provider do I choose?” Should it be care at home, sheltered accommodation, a care home or a nursing home?

 

I will set out all your care options and explain the pros and cons of each. This will ensure you have all the facts to hand so you can make the right decisions. As well as;

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  • Enabling you to make informed decisions by presenting you with a choice of care options appropriate for your unique personal circumstances​

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  • Assist you and your family to arrive at a care decision that you are all comfortable with.

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  • Assist you with financial and legal issues and help to ensure that you are getting everything you are entitled to.​

 

Care Home / Care at Home:

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I can also provide knowledge of the range of care options and providers that are available to you, including:

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  • Care at Home

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  • Sheltered accommodation

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  • Care Homes

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  • Nursing Homes

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  • Supervision and mentoring of other independent social workers & professionals 

Best Interest Meetings

If a person lacks the mental capacity to make the decision in question, a best interests meeting must be held and the best interests’ process and procedure must be followed. This may be a multi-disciplinary meeting involving professionals such as myself.

For example, you may be informed that a best interests meeting is being held to decide what type of care should be provided to a loved one, to decide where they should live or whether they should receive medical treatment.

Working out what would be in someone’s best interests is difficult and disagreements between family members and professionals are common.

I am able to provide specialist advice and assistance in respect of the best interests process.

Solicitors
Solicitors

When there is doubt about whether a person has the mental capacity (capability) to make a decision themselves, for example, due to a medical condition or mental illness, a mental capacity assessment must be undertaken by the relevant professionals in accordance with the Mental Capacity Act 2005, before any decision is made on behalf of the person.

Local authorities and NHS Trusts are often involved in the decision and it is those bodies who must ensure that the necessary assessments are undertaken and the correct process is followed before any decision is made or action taken. This is where I step in. 

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Do you have Power of Attorney for an elderly person receiving care? Are you confident that this is the right care? Is the care being properly delivered? Can you be sure your client is not at risk?

I can give you the reassurance of independent professional verification that your client is receiving the right care.

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  • Experienced at carrying out care reviews and nursing assessments

  • Detailed documentary evidence of each review

  • Independent verification that you are acting in your clients’ best interests

  • One point of contact

  • Can also challenge Continuing Care Panel decisions

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