Occupational Therapy and Mental Capacity Assessments – supporting capacity, promoting autonomy.

Nicky, a valued member of the MCA Team, is an accomplished Occupational Therapist with substantial experience working with people with complex physical and mental health needs including, traumatic brain injuries, Huntington’s disease, schizophrenia, dementia, borderline personality disorder and people with fluctuating capacity. Her OT practice informs her work as an MCA assessor in optimising supported capacity by grading and adapting assessments to the individual to maximise the opportunity to demonstrate capacity.

Mental Capacity Act (2005)

The Mental Capacity Act (2005) is an essential law that upholds 5 key principles that uphold a person’s right to autonomy, promotes supported decision making and respects a person’s rights to make, what some may deem, an ‘unwise decision’. That if a person is determined to lack capacity for a specific decision, that any decision made upon their behalf must be in their best interest and ensure the least restrictive option available.

Mental Capacity Assessments are a pivotal part to upholding a person’s rights and due process. An independent professional assessment may be requested primarily in three scenarios;

1)    There is a reasonable belief of a lack of capacity for a specific decision at a specific time,

2)    A decision may be challenged, such as regarding Testamentary Capacity, and so a formal assessment and report may be requested to evidence Mental Capacity for the decision to help protect decision making,

3)    There is a conflict of opinions regarding whether a person has or has not met the threshold for capacity in terms of a specific decision.

Specific decisions commonly assessed by independent assessors may include capacity to…

·         Litigate, conducting legal proceedings,

·         Manage their property and finances (deputyship),

·         To create, revoke or amend Lasting Power of Attorney (LPA),

·         Form or update a Will, known as Testamentary capacity,

·         Decide residency,

·         Consent to care and treatment plans,

·         Gift,

·         Regarding contact with specific person(s),

Occupational Therapy

As an Occupational Therapist (OT), our profession bridges the gap across medical and social care, with our key outlook being to enable engagement in purposeful activities and everyday needs, overcoming barriers to participation. We provide a wide range of support that may include holistic treatment plans, education, aid collaborative plans in management of conditions, rehabilitation, specialised equipment, grading and adaptions of activities, groups, workshops and much much more.

OT and Mental Capacity Assessments

As an OT, I bring my skills of enablement into my role as a Mental Capacity Assessor, and Expert Witness, to promote a person’s decision-making skills through carefully graded assessments, tailored to each individual’s needs. Great care and consideration is given to what support may be required prior to assessments, to ensure appropriate adjustments are available, this may be;

·         Consideration of where and when the assessment takes place.

·         ‘Chunking’ of the assessment with regular breaks to enable rest, help focus and ensure comfort needs are met.

·         Provision of interpreter/translator, if required.

·         Use of Visual aids (such as photographs, PECs aids, Talking mats etc), objects of reference or augmentative technology.

·         Use of Social Stories.

·         Easy Read information and guides.

·         Graded communication to the individual’s needs, giving time to process and respond.

·         Use of both open and closed questions, repeating and checking recall.

·         Practical resources.

·         Sensory checks and adjustments.

·         Consultation with relevant parties.

·         Support of a relevant person (who cannot be related to the decision being made).

·         Etc.

This helps to ensure a robust therapeutic assessment is completed with the individual’s rights to reasonable adjustments and support kept at the heart. This information is then captured in our professional reports, for which Circle Case Management pride high standards of provisions. For more information regarding Mental Capacity Assessments from Circle, please do visit their contact pages.

 Or to view our highly skilled team of Mental Capacity Assessors and the services offerered, please click here. 

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