Capacity – the key points: ‘webinar’

As I can’t roam the country at the moment bothering people about capacity at the moment, I’m going to do a series of short ‘webinars’ from my shed about key aspects of capacity law.   I’m starting with mental capacity itself:

This session does not cover assessment of capacity in the context of Covid-19, but rather focuses on the key aspects of the law so as to help people feel legally confident.  For more on how to apply the law in the adverse conditions applying at present, see my resources page about the MCA and COVID-19 here, and also the webinar and FAQs I’ve recorded with other members of the Court of Protection team at 39 Essex Chambers here.

Boring but necessary caveat: nothing in this constitutes legal advice. 

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6 Replies to “Capacity – the key points: ‘webinar’

  1. This and the best interests webinar are great refreshers. Nobody knows, or can remember, everything and its important that we continue to update/renew our knowledge. Very grateful for these and what is particularly helpful is that they don’t go on forever. Short and to the point. Webinars that go on for too long can become a litle mundane. Keep up the good work Alex, we social workers need these kinds of things to ensure we are promoting and protecting people’s rights the best we can, but also practising in a legally literate way. Thank you.

  2. Eye opening.

    The contrast you put between the guidance and the act is quite distinct.

    1. If the order is important, are both approaches equally valid?

    2. How does that stack against the need to do a lot of assessments quickly versus the need to take appropriate time to do any individual assessment?

    3. When are you planning to do the vunerable adults ones?

    1. 1. The Act is clear as to the order. The critical point, however, is that whichever order is adopted, the end result allows you to understand how the functional inability is caused by the impairment/disturbance.

      2. Good question – time is almost (always) the key.

      3. It’s on the list!

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