Practical and Legal Guidance for Assessing Capacity

Assessments of capacity under the Mental Capacity Act 2005 have been being undertaken for nearly 15 years now, with many health and social care professionals nationwide completing them on a daily basis. But what have we learnt from experience and case law to ensure that capacity assessments are comprehensive and sufficient?

Join us for this session where Consultant Psychiatrist Dr Larteque Lawson and Arianna Kelly from 39 Essex Chambers will consider:

• A reminder of the fundamental principles when assessing capacity;
• Guidance from the Court of Protection on capacity assessment reports;
• Top tips for capacity assessment reports from a legal perspective and from an independent expert capacity assessor;
• Where do capacity assessments go wrong?
• Tricky issues when assessing capacity:
  - Where the facts are disputed;
  - Fluctuating capacity vs. lacking capacity; and
  - Is P unduly influenced?

There will also be opportunity for Q&A with our speakers.

Dr Larteque Lawson (Consultant Psychiatrist) has acted as an independent expert in a number of matters in the Court of Protection.

Arianna Kelly from 39 Essex Chambers practices in both the Court of Protection and the inherent jurisdiction of the High Court.