When a family member loses the ability to make certain decisions for themselves, it can feel like the ground shifts beneath you. Suddenly, you are in rooms full of professionals using terms you have never heard before, and decisions about someone you love are being made in ways that can feel rushed or even predetermined. … Read more
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
Mental capacity assessments are often central to legally complex and sensitive decisions. Solicitors need assessments that are clear, fair, and capable of withstanding scrutiny. My work focuses on independent mental capacity assessments that evidence proper process, respect the rights of the individual, and support sound decision making in legal proceedings. The emphasis is always on … Read more
Mental capacity assessments often sit at the centre of legally sensitive decisions. They are relied upon by solicitors, deputies, local authorities, and the Court of Protection to evidence that a process has been lawful, proportionate, and fair. When assessments are poorly evidenced or procedurally weak, they are vulnerable to challenge. This can delay proceedings, increase … Read more
Being told that a mental capacity assessment is needed can feel unsettling. Many people worry that decisions are about to be taken out of their hands, or that their voice will not matter. A capacity assessment does not remove rights. It exists to protect them. The law is clear that the person being assessed must … Read more
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
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
Get in touch with Ashley at AJH Social Work today to schedule your initial consultation.
