Page 2 - COP 3 Guidance for Completing Form - RJN _Ver 2.1_ 01 Feb 2018

Guidance on Capacity Assessment CoP 3 Form ETC Advice Ltd
In addition to the specific points mentioned above, as with all documentation, the key general points to remember are:
Contemporaneous documentation is infinitely preferable to retrospective recollection;
Do not assert an opinion unless it is supported by a fact;
“Yes/No” answers are, in most cases, unlikely to be of assistance unless they are supported by a reason for the answer;
What is reasonable to expect by way of documentation will depend upon the circumstances under which the assessment is conducted. An emergency assessment in an A&E setting of whether an apparently brain-injured patient has the capacity to run out of the ward into a busy road will not demand the same level of detail in the assessment or the recording as an assessment of whether a 90 year old woman has the capacity to decide to continue living in her home of 50 years where the concerns relate to her declining abilities to self-care.
MCA CODE OF PRACTICE.
Assisting the Person to Make a Decision.
The MCA Code of Practice emphasises the importance of good communication, stating that this is ‘essential for explaining relevant information in an appropriate way and for ensuring that the steps being taken meet an individual’s needs.’
WHAT SHOULD PROFESSIONALS DO?
When a professional undertakes a capacity assessment, that assessment should consider what steps, if any, could enable the person who lacks capacity to optimise their ability to take part in decisions so far as possible. This is not just applicable to those with learning disabilities but for all people who lack capacity, including those with dementia.
Providing appropriate help with decision making should form part of the care planning process and factor in practical steps to assist people who lack capacity to make decisions for themselves.
Thought should be given to the ways information relevant to the decision is communicated to the person, taking into account the nature of their mental condition and how the information can best be conveyed to them using assistance such as visual aids.
As the MCA Code suggests, care home & supported living staff & other professionals attending to undertake assessments of a person’s capacity, should consider asking members of the person’s family and any others who know the person well about the best form of communication. This includes whether there is a particular person who has had experience and
RJN/MCF/31/01/2018/GUIDANCE/COP 3 Page 2 of 3