Abstract
SUMMARY
We comment on Martin Curtice's article on expert and professional reports for the Court of Protection, which highlights the importance of ‘clear explanation’ in mental capacity assessment. We put the Court in a broader context of the Mental Capacity Act and summarise recent research and education that aims to help give clinicians working in England and Wales capacity assessment guidance that is clinically grounded, multi-perspectival and legally defensible.
Publisher
Royal College of Psychiatrists
Subject
Psychiatry and Mental health
Reference8 articles.
1. Trials and tribulations of S49 orders
2. The Court of Protection: expert witness and professional reports
3. Broad concepts and messy realities: optimising the application of mental capacity criteria
4. Applying decision-making capacity criteria in practice: A content analysis of court judgments
5. 39 Essex Chambers (2021) Guidance Note: Relevant Information for Different Categories of Decisions – May 2021. 39 Essex Chambers. 39 Essex Chambers. Available from: https://www.39essex.com/guidance-note-relevant-information-for-different-categories-of-decision-may-2021/.