Assessing Capacity and Making Decisions under the MCA 2005

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Course Overview

The Mental Capacity Act 2005 came into force in 2007 and sets out who can make decisions on behalf of an adult who lacks capacity and in what circumstances they can act.

Friction can often arise if health and social services make key decisions which the client and their family deem unnecessarily or not in the best interests of those concerned. This is why private client practitioners must have a firm grasp of the MCA 2005 and the decision making process, if they are to assist clients during what can be the most trying period of their lives.  

During this one hour webinar, practitioner and experienced lecturer Caroline Bielanska will discuss the following topics and relevant case law:

  • The Premise of Decision Making
  • When to Instruct an Expert
  • The Best Interest Principle & Process
    • Re MN [2010] EWHC 1926
    • Re Allen [2009] case no. 11661992
    • Re M, ITW v Z, M [2009] EWHC 2825 (fam)
    • Re G (TJ) [2010] EWHC 3005 COP
    • Re GM, 1 May 2013, ((2013) EWHC 2966 (COP)
    • K v LBX [2012] EWCA Civ 79
    • Aintree University Hospitals NHS Foundation Trust v James [2013] UKSC 67
  • The Weight to be Attached to P and Others Views
    • Re M [2009] EWHC 2525
    • Re S and S (C v V) Court of Protection, 28th November 2008 (2009) LS Law Medical 97
    • Re P [2009] EWHC 163 (Ch); Re D (VAC v FKD) [2010] EWHC 2159)
    • Re Joan Treadwell deceased [2013] EWHC 2409 (COP
  • Life Sustaining Treatment
  • The Duties Imposed - Magnetic Factors v Balance Sheet
  • Deciding Best Interests
  • Disputes
  • Consequences of Failure to Act in P’s Best Interests

What are the requirements?

  • Watch 1 hour recorded webinar
  • This course provides one CPD point

Learning Outcomes

  • On completion of this course you will:

    • Understand the premise of decision making
    • Be able to define incapacity
    • Be familiar with the functional test and how this is applied
    • Be aware of the issues surrounding fluctuating capacity
    • Know when and how to instruct an expert
    • Understand the best interest principle and process

What is the target audience?

  • Practitioners




About Instructor - Caroline Bielanska

Caroline is the former Chief Executive and former Chair of Solicitors for the Elderly, an organisation she helped to found in 1999. She lectures regularly  and is well known in her specialist field, advising older and vulnerable adults who have limited physical and/or mental capacity.

Caroline has a national media profile, and is a regular panellist on BBC Radio 4’s Money Box Live and regularly interviewed in for TV, radio, magazines and national press.

Course Curriculum

recorded webinars

  • Webinar


  • Notes
    27 Page