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Evaluating Medical Decision-Making Capacity in Practice Medical decision-making capacity is the ability of a patient to understand the benefits and risks of, and the alternatives to, a proposed treatment or intervention (including no treatment)
Proving Lack of Mental Capacity - Upchurch Law The determination of mental capacity is a significant and sensitive matter that may involve medical assessments and legal proceedings, and it is important to approach it with care and respect for the individual’s rights and autonomy What Kinds of Evidence Can You Use to Prove a Lack of Capacity?
Decision-making and mental capacity - NICE People using health and social care services who may (now or in the future) lack mental capacity to make specific decisions, as well as their families, friends, carers and other interested parties
‘Flawed’ use of Mental Capacity Act key theme in safeguarding adults . . . Mental capacity was mentioned in 21 of the 27 reports, the analysis found, and much of the learning was around missing or poorly-performed capacity assessments, an absence of best interests decision-making, and a lack of scepticism and respectful challenge of decisions
The Critical Role of Retrospective Mental Capacity Assessments Retrospective mental capacity assessments are a vital yet often misunderstood aspect of mental capacity law They allow professionals, families, and legal teams to explore whether an individual had the mental capacity to make a particular decision at a specific point in the past
Mental capacity assessments and discharge decisions Currently, the trigger for formal capacity assessment largely depends on a person’s ability to voice their opinion A concentration on uncertain or contested cases is attractive, but good decision-making practice should go much further than that