• Replies 5 replies
  • Subscribers 5 subscribers
  • Views 974 views
  • Users 0 members are here
Options
Related
Hints and tips
  • To quote someone's message, first select/highlight the relevant text, and then use the Quote button that appears
  • To "mention" someone, type @ followed by the start of the forum name, and choose from the list; that person will get a notification of being mentioned

Can anyone provide examples of lack of Capacity re Care and Support, and re Contact with others please?

Zazzy

Hi all,

URGENT REQUEST

I’m caring for someone with Autism who is being assessed re their Capacity re 1)Care and Support (Supported Living) and 2)Contact with others. An Adult, late fifties.

No DOLS in place and not Sectioned.

A. The person I care for does have Capacity in other areas, but not in these two mentioned above, I feel. I’m finding it hard to understand what parts of Care annd Support, and Contact with others hard to clarify might apply as examples. So, any examples (a good long list would be so helpful!) that you can think of would be so useful.

B. I understand there’s the four criteria to assess someone’s to assess Capacity: Understand information, retain it, weigh info up, and communicate the decision …. is that correct?

All input is greatly appreciated! HuggingPraySparkles  Tx

  • in reply to Zazzy

    Sorry, I thought I was giving examples of "lack of capacity".Please accept my apology.

  • AFAIK there are no legal definitions for difrent types of capacity. The question of capacity can be applied to any kind of decision a person might make and the courts decide this on a case by case basis. The apropreat definition is likely to be the one the court of protection has used in its judgment and unless otherwise stated words are probably used in line with their common everyday meanings.

    1. They need to understand the relivant information,what information is relivent  is usually the most controvercial part where the courts tend to get involved.
    2. retain it long enough to make a disision: this could potentially be a very short period of time, Say someone with dimensia who has lucid periods would be compitent in their lucid period usually.
    3. Use the information in a reasioning process ... that doesn't mean you or anyone else has to like or agree with that process. It's posible for reasionable people to come to difrent conclusions. But they need to be able to draw inferences from the relavent facts in a conected way even if that process is influenced by value judgments and belifes you consider irational. (eg a mormon rejecting a blood transfusion)
    4. comunicate the dession ... fairly self explanatory

    I would have thought not being compitent to decide to have contact with others raises a DOLS issue. Because there is no practical way to stop a peson having face to face contact with others if they are free to wander around in public where they like ... and if they are not free to do that there is a DOLS issue.

  • in reply to Zazzy

    sorry typo .. ‘challenges’ 

  • in reply to I Sperg

    em…I think you’ve posted this in 5he wrong section? Sorry to hear about your changes, take care 

  • In a nutshell I get up soem days full of beans and capabilty yet on otehr days all that deserts me and it's really, really hard to get rganised. some tasks like filling in an "Applicatn" are simply beyond my abilty to do to an acceptable standard.

    Overall I find it very hard to enjoy life, other people and if I open my mouth and express myself someone usually takes offence. This suggests very stongly to me that I am the problem and not everyoen else.

    Social life appears to be full of double standards, the vast majority of which apparently work AGAINST me. As a teenager it was so bad I actually wondered briefly before getting a grip of myself if everyone else was secretly psychic and I was not!

    Perhaps a good example of teh difference is that for 30 years or so I've been self-prescribing my own spectacles form teh "reading glasses section. (My deficiencies are simple and pretty symettrical so this works for me, BUT in order to get best optical acuity I have several strengths f spectacles which I use as neccesary. I tend to keep the little dioptre lable on so as to make identification easier, it's usually right up top left of my vison field in an area I don't use. I simply don't understand why practically every normie I meet has to point this out in a faintly patronising "do you know it's there?" sort of way. It clearly makes them feel "smart" in some way, whereas I wonder eery time, A: What business is it of theirs? and B: Do they not consider I might have a REASON that isn't simple forgetfullness or absent mindedness? I find it annnoying to the point that I have to choke off a sarky reply an occasionally the urge to choke out the enquirer, and instead patiently educate them about how dioptres work, and how I prefer to own multiple £2.50 sets of specs and thus always have a pair to had of the optimum strength to give me best acuity for the task at hand, rather than a single £100 pair that is the best compromise for all tasks and that I'll spend more time looking for than wearing. I can lose or damage 40 sets of "readers" for that £100 quiid, but in practice  avout 5 pairs seems t be the charm thta means Ive always got a set close by when I forget to put the pair on that are next to the bed and find myself downstairs urgently needng to read something.