The Mental Capacity Act states that a person lacks capacity if they are ‘unable to make a specific decision, at a specific time, because of an impairment of, or disturbance, in the functioning of mind or brain’.
If you think that an individual lacks capacity, you need to be able to demonstrate it. You should be able to show that it is more likely than not – ie, a balance of probability – that the person lacks the capacity to make a specific decision when they need to.
Assessing a person’s mental capacity accurately is so important to get right, as the consequences for the individual can be huge. And that’s where Tim farmer and his award-winning firm, TSF Consultants, come in.
Known as ‘The Guru of Mental Capacity’, in his work with TSF Consultants Tim and his team have conducted over 3.500 mental capacity assessments in both clinical and legal settings.
TSF has become the largest supplier of mental capacity assessments to the legal profession, providing the assessments required when dealing with Lasting Powers of Attorney and the Court of Protection.
Tim’s book, ‘Grandpa on a Skateboard’, is the first practical book for Health and Legal professionals, that simplifies and explains the assessment process – jargon free.
Listen here on episode 037 The Retirement Café Podcast.
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