When someone decides to make or change a Will, most families focus on who gets what. The courts start somewhere very different – could this person legally understand what they were doing at the time? That question, known as testamentary capacity, can decide whether a Will stands or falls. If it’s not considered properly, even … Read more
This is one of the most common questions I get asked, and the answer isn’t always straightforward. It depends on the decision being made and what the assessment is actually for. What the Mental Capacity Act says The Mental Capacity Act 2005 doesn’t list job titles or qualifications for who can assess capacity. Instead, it … Read more
If you’ve been told you need a COP3 assessment, you’re probably feeling a bit overwhelmed. The form itself looks daunting, the legal language is dense, and you might be wondering what actually happens during the assessment itself. I’ve completed hundreds of COP3 assessments over the years. In my experience, families and solicitors get better results … Read more
You know something’s not right. A care plan has changed overnight, you weren’t consulted, or decisions are being made that just don’t reflect what your loved one would have wanted. But how do you know when it’s time to push back and ask for a formal Best Interests review? This is one of the most … Read more
When solicitors instruct an independent social worker, the report they receive can make or break a case. A legally compliant social work report is more than just a summary of evidence; it is a document that carries weight in court, influences key legal decisions, and reflects the professionalism of everyone involved. Whether the case concerns … Read more
An “independent” assessment is more than a professional label. It’s a clear statement that the assessment is unbiased, evidence-based, and not influenced by the interests of any party involved. In social work and legal contexts, independence matters deeply because assessments often shape critical decisions about capacity, best interests, or safeguarding. When a report is described … Read more
Understanding when a loved one might lack the mental capacity to make certain decisions can be one of the most difficult challenges families face. The Mental Capacity Act (2005) provides a clear framework for assessing capacity, but before any formal assessment takes place, there are often signs that indicate someone may be struggling to make … Read more
Assessing a person’s mental capacity is one of the most sensitive and important responsibilities in social work. It determines whether an individual can make specific decisions for themselves and guides professionals in ensuring their rights and dignity are respected. Under the Mental Capacity Act (2005), every assessment must follow a structured approach, balancing empathy with … Read more
If someone you care for can no longer make certain decisions, the Court of Protection can appoint a deputy or decide a one-off issue. This guide explains the routes, the forms, the fees and what to expect, in plain English. It focuses on England and Wales. Scotland uses guardianship, Northern Ireland uses controllers, the processes … Read more
When difficult choices need to be made for someone who cannot decide for themselves, families often feel torn between heart and head. The Mental Capacity Act 2005 gives a clear framework for doing the right thing, in the right way, at the right time. This guide explains what “best interests” really means in practice, how … Read more
Get in touch with Ashley at AJH Social Work today to schedule your initial consultation.
