Conducting mental capacity assessments when someone has fluctuating capacity can be very difficult. This quick guide looks at case law and what it tells practitioners about assessing someone with fluctuating capacity.
This guide explains the potential overlap between the Mental Capacity Act 2005 and the Children Act 1989 and the circumstances in which each could apply and looks at the difference between decision making for under-16s and 16- to 17-year-olds.
The information that an individual needs to understand, retain, use or weigh and communicate to show they have the capacity to sign a tenancy or licence agreement.
Looks at the best interests decisions that should be brought before a judge in relation to contact and residence.