Assessing Mental Capacity

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

• IntroductionPart 1. Getting StartedChapter 1. Mental Capacity Past, Present and Future: An Overview Chapter 2. Some Basic Concepts of the Mental Capacity Act (2005): What You Need to KnowChapter 3. Legal Perspectives on Practical Capacity ConcernsChapter 4. International Perspectives on Mental Capacity LawPart 2. Factors to ConsiderChapter 5. Psychosocial Aspects of Decision-Making and the Assessment of Mental CapacityChapter 6. A Functional Perspective to Information Gathering, Risk Assessment and Insight-BuildingChapter 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 DecisionChapter 8. Introducing a Capacity Assessment to the Person, Family and CarersChapter 9. How to Provide Relevant Information and Enhance Mental CapacityChapter 10. Capacity Assessment and Cognitive ImpairmentChapter 11. Communication in the Context of Assessing Mental CapacityChapter 12. Using a Semi-Structured Interview to Assess CapacityPart 3. Specific Decisions and ConditionsChapter 13. Capacity to Consent to Medical Procedures Chapter 14. Advance Care PlanningChapter 15. Capacity Assessment for Swallowing Disorders and Feeding ManagementChapter 16. Assessing Capacity in Relation to a Change of Residence or Accommodation and Care NeedsChapter 17. Assessing Capacity to Consent to Sexual RelationsChapter 18. Assessing Capacity to Manage Financial AffairsChapter 19. Assessing Capacity in Relation to Signing a Tenancy AgreementChapter 20. The Courtroom: Capacity to Litigate, Fitness to Plead and Fitness to be a WitnessChapter 21. Assessing the Mental Capacity of People Living with Dementia: Getting Practice RightPart 4. Complex SituationsChapter 22. What to do When Someone Says One Thing, but Does Another: Capacity to Make a Decision and Put it Into PracticeChapter 23. Assessment of Mental Capacity to Make High-Risk DecisionsChapter 24. Assessing Mental Capacity When the Decision Needs to be Made UrgentlyChapter 25. Mental Capacity Assessment: What to do When Someone is Refusing to Engage or is AmbivalentChapter 26. Changes in Capacity Over Time and in Different SituationsChapter 27. Involving Friends, Family and Other Professionals in the Assessment of Mental Capacity and the Best Interests Process and Dealing with Any Potential ConflictPart 5. Issues related to the Mental Capacity Act (2005)Chapter 28. Capacity Assessment, Deprivation of Liberty and the Liberty Protection SafeguardsChapter 29. Best Interests DecisionsChapter 30. The Mental Capacity Act’s Interaction with Other LegislationPart 6. Additional ConsiderationsChapter 31. Ethical Issues in Capacity Assessments and their OutcomesChapter 32. Assessing Capacity for the Court or as an Independent Practitioner Chapter 33. Teaching and Training Capacity AssessorsAppendices