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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

Parents

  • 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.

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  • 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.

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