Mental capacity is the ability to make decisions for yourself. However, there is a range of decision-making ability between capable and incapable. Our Mental Capacity Assessors are to help you, get in touch with us today. For details, visit - https://www.ofhcare.co.uk

1. Presenter: OFHCARE

2. OVERVIEW OF KEY IDEAS
The MCA Definition
Lasting Power of Attorney
Court of Protection
Testamentary Capacity
Capacity To Manage Property and Financial Affairs

3. MENTAL CAPACITY ASSESSMENT
A mental capacity assessment is a process used to
determine whether an individual can safely make specific
decisions about their welfare.
The evaluation may be carried out by using a structured
interview or a series of structured interviews with the
individual who is to be assessed.

4. Lasting Power of Attorney
A lasting power of attorney (LPA) is the legal authority given to
one or more people you trust (your attorney(s)) to support you
with making specific decisions or to make decisions on your
behalf if you lose mental capacity at some point in the future
to make the particular decisions yourself. When you give
someone the authority to act as your attorney, you are
referred to as the “donor”.
For example, you can appoint a lasting power of attorney
property and financial affairs to support you with decisions
around your general finances or specific matters. It can
become effective as soon as it is registered. This means you
can be assisted by your attorney, even if you haven’t lost your
mental capacity but, you are in agreement for your lasting
power of attorney to act on your behalf when you can still
make decisions about your property and financial affairs.

5. COURT OF PROTECTION
The Court of Protection is a specialist Court that deals with
decisions relating to people who lack the mental capacity
to make certain choices for themselves.
These decisions range from managing property and
financial affairs, making health and welfare decisions,
lasting power of attorney UK, writing a will (testamentary
capacity), making a lifetime gift, litigation capacity
(capacity to conduct proceedings), decisions to marry,
consent to sexual relations and many more.

6. Testamentary capacity relates to one’s capacity to make a Will. Testamentary capacity is not
covered by the Mental Capacity Act (2005) and so requires another legal test known as Banks v
Goodfellow.

7. CAPACITY TO MANAGE PROPERTY
AND FINANCIAL AFFAIRS
A person can appoint someone they trust to act on their behalf in managing their affairs
should they lose Mental Capacity.
Similarly, the Court of Protection can appoint a Deputy to act on a person’s behalf in
managing their affairs when they have lost capacity in this respect and have not given
someone else the legal authority to act on their behalf.

8. Mental Evaluation
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Cognitive Evaluation
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Laboratory Testing
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Physical Exam
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9. Website
www.ofhcare.co.uk
Phone Number
+44 333 939 8032
E-mail Address
admin@ofhcare.co.uk