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To determine whether an individual has the mental capacity to make a unique decision, a structured and legally recognised assessment process must be followed. This process must be appropriately documented, using two official forms: the MCA1 and MCA2 forms.
An independent and qualified healthcare professional must conduct the assessment. If you have concerns about someone's ability to make decisions, especially about their well-being, the first step is to establish whether they can decide independently. As a care worker or support professional, you may be involved in this process and should understand how it works.
The assessment focuses on the person’s ability to decide at a particular time, with the assumption that the person does have capacity. This assumption is a core principle of the Mental Capacity Act.
During the assessment, the professional will consider whether the person can:
If communication is difficult, a professional such as a speech or language therapist may assist. If the initial assessment raises concerns, the person may need a more detailed evaluation by a doctor or specialist.
There are two main forms used in the Mental Capacity Assessment process:
These forms are used to record the outcome of the assessment and provide clear documentation that the process has been followed in line with the Mental Capacity Act.
Examples of these forms have been uploaded to your course dashboard, where you can view how they are structured and completed in practice.