Most families come to me with this exact question. And if you’re asking it, you’re probably already paying attention to something that matters. That’s not overreacting. Here’s how to think it through. Key points at a glance: You’re Not Overreacting. But Let’s Think This Through. You’ve noticed something. Maybe Mum is repeating herself more. Maybe … 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
When a will is made, it’s about respecting a person’s choices at what is often a tender moment in their life. In England and Wales, the law requires the person signing a will to have “testamentary capacity“, which simply means they understand what they are doing and what it means. For families, that legal phrase … Read more
Families usually come across Form COP3 when applying to the Court of Protection for a decision that someone can no longer make for themselves, for example a deputyship for property and financial affairs or for health and welfare. In plain terms, COP3 is the assessment of capacity report that goes in with the application, and it must be current at the … Read more
The Mental Capacity Act (2005) is a cornerstone of protection for individuals who may struggle to make decisions due to cognitive impairments or other conditions. This essential piece of legislation ensures that decisions about health, welfare, and finances are made ethically and in the best interests of those who lack capacity. This post explores the … Read more
Managing financial decisions can be challenging when a loved one lacks the mental capacity to make choices independently. From paying bills to managing assets, it’s essential to ensure their rights and needs are prioritised while adhering to legal safeguards. This post provides practical steps and expert guidance on what to do if someone lacks capacity … Read more
Deciding to gift money or assets is a significant decision that requires clear understanding and intent. When someone’s ability to make such decisions is in question, a Capacity to Gift Assessment ensures the individual fully comprehends the implications of their choices and that the decision is legally sound. This post explains what “capacity to gift” … Read more
When decisions about an individual’s welfare, finances, or healthcare need to be made, but they lack the capacity to make those decisions, the Court of Protection steps in to provide legal authority and ensure their rights are protected. Navigating this legal process can feel overwhelming, but a social worker’s expertise can make a significant difference. … Read more
When someone is unable to make a specific decision due to a lack of mental capacity, it’s important to ensure their rights, preferences, and wellbeing are prioritised. The Best Interests Checklist, part of the Mental Capacity Act (2005), provides a clear and structured framework for making ethical and legally compliant decisions on their behalf. This … Read more
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