Mental Capacity Assessments
At BrightLight, we specialise in delivering comprehensive Mental Capacity Assessments across a wide range of decision-specific areas.
About this service
Our Services are there to determine if an individual who has a diagnosed impairment to the brain is capable to make a decision on a specific question, for example changing their Will, Power of Attorney, Selling their property or managing their finances. Our assessment process is completed through asking a range of questions around the decision that we have been asked to assess.
Our assessors are all Health & Social Care Practitioners with vast knowledge and experieince of completing Mental Capacity Assessments with completion of thorough and comprehensive reports including COP3 forms. When an assessor is allocated you will receive a professional profile outlining their credentials.
Want to find out more?
Claire leads on our MCA Service. She is more than happy to answer any questions you may have and how we can help you.
Get in touch today by emailing mca@brightlightenterprises.co.uk or calling our team on 0114 470 1975
The two-stage test (as per https://www.scie.org.uk/mca/practice/assessing-capacity/)
In order to decide whether an individual has the capacity to make a particular decision you must answer two questions:
Stage 1 – Is the person unable to make a particular decision (the functional test)?
Stage 2 – Is the inability to make a decision caused by an impairment of, or disturbance in the functioning of, a person’s mind or brain? This could be due to long-term conditions such as mental illness, dementia, or learning disability, or more temporary states such as confusion, unconsciousness, or the effects of drugs or alcohol (the diagnostic test).
The MCA says that a person is unable to make their own decision if they cannot do one or more of the following four things:
- Understand information given to them
- Retain that information long enough to be able to make the decision
- Weigh up the information available to make the decision
- Communicate their decision – this could be by talking, using sign language or even simple muscle movements such as blinking an eye or squeezing a hand.
Every effort should be made to find ways of communicating with someone before deciding that they lack capacity to make a decision based solely on their inability to communicate. Also, you will need to involve family, friends, carers or other professionals.
The assessment must be made on the balance of probabilities – is it more likely than not that the person lacks capacity? You should be able to show in your records why you have come to your conclusion that capacity is either present or lacking for the particular decision.
What is a Mental Capacity Assessment?
Referrals & Choosing Brightlight
We welcome referrals from legal representatives, health care professionals and family members. Prior to accepting a referral, we screen each request in line with MCA 2005 legislation. This means the request must meet the criteria outlined in the legislation where we would need to know if the person has an impairment or disturbance of their mind or brain that is causing the inability to make the decision, for example a diagnosis of dementia.
If this is not the case, the individual is assumed to have capacity and an assessment is not required.
Why Choose us?
Expertise
Our team consists of qualified health care professionals with extensive experience in conducting capacity assessments across diverse settings.
Tailored Approach
We understand that every individual and situation is unique, so we tailor our assessments to meet the specific needs and circumstances of the person being assessed.
Legal Compliance:
Our assessments are conducted in accordance with the Mental Capacity Act 2005, ensuring that they are legally robust and can withstand scrutiny in any legal or professional setting.
Comprehensive Reports:
We provide detailed, clear, and concise reports that outline our findings, ensuring that the results are easily understood by all parties involved.
At BrightLight, we are committed to supporting individuals and professionals in making informed decisions that uphold the rights and dignity of those with impaired mental capacity. Contact us today to discuss how we can assist with your specific assessment needs.
Case Study 1
Mrs A has a documented and known dementia diagnosis and has expressed her desire to make a Will. On guidance by the solicitors, a capacity assessment was requested to ensure that Mrs A had the cognitive ability to understand the implications of making the Will. The ability to retain the information in regards to making a Will, evaluate up the outcomes and implications of the decisions regarding the Will and had the ability to communicate her wishes.
The capacity assessment was completed in her own home by a trusted and qualified assessor from Brightlight who came out to meet her. The assessor asked a number of questions relevant to her will, to determine her understanding. The outcome was that in the assessors professional opinion – at that time and in regards to making a decision about her Will – Mrs A was deemed to have capacity.
This resulted in Mrs A being able to instruct the solicitors to make her will. The will was written the same week and Mrs A was able to make her wishes known independently.
Case Study 2
Mr B is a stroke survivor which has affected his ability to understand risk, complete daily tasks and to manage his finances. Mr B’s family need legal permission to sell the family home in order to pay for Mr B’s residential placement. The solicitors required mental capacity assessment to determine if Mr B was able to make such a decision independently.
A trusted and qualified assessor from Brightlight visited Mr B in a Residential Care Home accompanied by one of the Carers, where they asked questions about his ability to manage his finances. The capacity assessment deemed Mr B as NOT having capacity therefore the solicitors were able to support the family to make suitable arrangements that was in the best interest of Mr B.