Aims & Objectives
Aim:
The aim of the training is to offer an understanding of developments in MCA case law, impacting the application of the law for those with neurodiversity, and executive dysfunction.
Objectives:
By the end of the course participants should have an understanding of:
- Sections 1 – 6 of the Mental Capacity Act,
- Case law supporting our understanding of the ‘relevant information’ in respect of differing decisions,
- The court’s interpretation of words and phrases within the Act, and how these support our assessment of incapacity, for example, use, weight and material time,
- An overview of recent case law concerned with fluctuating capacity, single issue and longitudinal decisions and potential implications for practice,
- An overview of recent case law concerned a disconnect between a person’s ability to decide in the abstract, versus remembering, retrieving and implementing a decision, later when needed,
- An understanding of the courts role in making in anticipation declarations of incapacity.