Aims & Objectives
The course will cover:
• Placing the Mental Capacity Act 2005 (MCA) in context
• Principles of the MCA (s1) and how to apply them in practice
• The test for incapacity (ss2 & 3)
– the legal test and how to apply it,
– the burden of proof,
– relevant information explained,
– practice points and dilemmas - impairment or disturbance in the functioning of the mind or brain, unwise decisions, refusal of assessment, fluctuating capacity, executive function/dysfunction, and
– recording requirements