Alex RKAs the Court of Protection judges have been very busy over the past little while looking at different categories of decision, we have updated our guidance note, which can be found here.
As ever, we emphasise that:
a. Starting with the information set out here means that is not necessary to reinvent the wheel each time they come to consider whether a person can make one of the types of decision covered. If professionals start with the information as potentially relevant (or irrelevant) they will be doing so on the basis that they will be following a path adopted as appropriate by the courts;
b. However, because each situation is specific, the information set out must always be tailored to the person’s actual situation;
c. As emphasised in the guidance note on carrying out and recording capacity assessments, it is crucial to be clear before starting the process of considering the person’s capacity that all those who might be involved in the assessment process agree on what the information is that the person needs to be able to understand, retain, use and weigh. Not being clear about this is one of the single greatest causes of unnecessary complexity, difficulty and challenge.
