A Practical Guide to Assessing Mental Capacity

Part One: Legal Theory
Chapter One – What Is Mental Capacity?
Chapter Two – Professional Obligations of Legal Practitioners
Chapter Three – Who Should Assess Capacity?
Chapter Four – When a Capacity Assessment May Be Required
Chapter Five – Mental Capacity Act 2005: The Principles
Chapter Six – Supported Decision Making
Chapter Seven – Mental Capacity Act 2005: Test of Capacity
Chapter Eight – Specific Tests of Capacity
Chapter Nine – Assessment of Capacity
Chapter Ten – Retrospective Assessments
Chapter Eleven – Challenging Capacity Assessments
Chapter Twelve – Vulnerability Factors
Chapter Thirteen – Case Studies
Part Two: Practical Guidance
Chapter Fourteen – Lack of Capacity
Chapter Fifteen – Who Is the Client?
Chapter Sixteen – Lack of Capacity – Next Steps
Chapter Seventeen – Costs and Fees in the Court of Protection
Appendices
Appendix 1: Resources
Appendix 2: Precedent Attendance Note (Assessment of Capacity Element Only)
Appendix 3: Letter of Instruction to an Independent Assessor
Appendix 4: Court of Protection Application Flowchart
Appendix 5: Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925
Appendix 6: Precedent Section 54 Trustee Act 1925 Order
Appendix 7: Precedent Section 36(9) Trustee Act 1925 Order
Appendix 8: Precedent Deputyship Order
Appendix 9: Orders You Are Seeking (Box 4.1 COP1)