Here we will look fairly briefly at how mental capacity is assessed.
This can be crucial if you are thinking of creating an LPA online since the donor must have full mental capacity when they create a lasting power of attorney. If you are interested in creating an LPA online you can do so, with a range of professionals available.
Do I need mental capacity to create an LPA?
Yes, you must be over 18-years-of-age and show mental capacity to make your LPA. An LPA may be designed to come into effect once you lose mental capacity or if you consent whilst having capacity.
What is mental capacity and how is it assessed?
Mental capacity is the ability to make your own decisions. A physical illness may mean you are temporarily unable to make decisions relating to your treatment or to keep on top of your financial and property affairs. Alternatively, you may have an illness which means you lack mental capacity.
Unwise or erratic behaviour does not necessarily mean that someone lacks mental capacity and the Mental Capacity Act is there to set out procedures for assessing individuals.
Social Care professionals are equipped to carry out assessments to establish whether or not you retain mental capacity. The Act requires that such an assessment must be carried out before any care or treatment is offered.
When should this assessment occur?
Lack of capacity may not be permanent and assessments need to be time-specific. Simply because someone is elderly, behaves in a particular way or appears to lack capacity are not grounds.