Capacity Assessments

A Mental Capacity Assessment evaluates an individual's ability to make decisions. At times, a person's decision-making capacity may be impaired or diminished, whether temporarily or permanently, necessitating reliance on others to make decisions on their behalf. 

Decisions may relate to finance and property and health and welfare.

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Examples of financial decisions might be:​

• Choosing to make or update a Will

• Choosing to make life-time gifts.

• Undertaking financial restructuring or tax efficient planning.

• Retiring or undertaking a trustee role or

• Whether you may have capacity to litigate.  

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Examples of health and welfare decisions might be deciding on:

• Where to live.

• How you will be looked after both now and in the future.

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Sometimes people may want a mental capacity assessment to be undertaken if they think that their decisions may be controversial or questioned by family, professionals or organisations such as the NHS or social services. If a person is assessed as having the mental capacity to make the decision in question a mental capacity assessment is a strong evidential base to ensure that the persons wishes are upheld.  

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Whatever the decision in question, I can discuss the circumstances with you and consider whether I can undertake the relevant mental capacity assessment to support the decision making process. 

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Court of Protection

The Court of Protection, established under the Mental Capacity Act 2005, makes decisions on financial and welfare matters for those unable to do so themselves. It appoints deputies for ongoing decisions, grants permissions for one-off decisions, handles urgent applications, registers lasting and enduring powers of attorney, considers applications for Wills or gifts and is responsible for deprivations of liberty proceedings under the Act.
 

I support individuals, families, lawyers, and the Court of Protection by acting as:

• A Certificate Provider.

• Assessing and writing mental capacity reports (CoP3) and

• Undertaking independent social care needs assessments, reviews and second opinions.

• Witness statements.

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I provide a grounded compassionate, analytical and strong evidence based approach to decision making in complex situations.

Care Needs Assessments

When people come into contact with social care they are going through very challenging times and can be experiencing problems in their physical and mental health, worrying about their home and where they may live, concerns about money and experiencing stress in their personal relationships.  These times can be incredibly stressful and the social care system confusing and overwhelming. These times can also be frightening for people and their families and the stakes are often high.  I offer guidance during this process.

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If people have the appearance of needs the local authority social care teams will undertake a Care Act 2014 assessment.  This may take the form of a support conversation, an initial assessment or a full assessment depending on the situation and the person's wishes.

The purpose of the assessment is to promote wellbeing and quality of life despite possible needs or difficulties.  The person must be at the very centre of the assessment, all discussions and subsequent discussions. It is the person's assessment - it is their life!

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My independent assessments and reviews do not replace the local authority's statutory responsibilities under the Care Act 2014. They provide an independent social work perspective to help individuals and families understand needs, consider options and, where appropriate, obtain a second professional opinion.

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I can provide:

• Independent Needs Assessments — an independent social work assessment of a person's needs, strengths, circumstances, wellbeing and the outcomes that matter to them. This is separate from, and does not replace, a local authority's statutory Care Act assessment.

• Independent Review and Second Opinion — reviewing an existing Care Act assessment and providing an independent professional opinion about the person's needs, circumstances and whether the assessment adequately reflects their situation.

• Independent Care and Support Planning — helping the person consider how their identified needs might best be met and what support could promote their wellbeing, independence and quality of life.

• Independent Review of Care and Support Plans — considering whether existing arrangements continue to reflect the person's needs and desired outcomes, particularly where circumstances have changed.

• Professional Guidance and Reflection — helping individuals and families understand needs, explore options and navigate difficult social-care decisions.

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I provide a reflective space for a skilled coaching conversation to explore what a person's needs are and I make sure that it is all about them throughout - what matters to them and what we can put in place to support them to live well because of and despite needs or challenges.  Everyone has the right to live well.    

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