How to obtain professional legal documents that adhere to your state laws and arrange the Mental Health Evaluation For Power Of Attorney without consulting a lawyer.
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However, it could take a while to identify which of the available samples fulfill both your specific needs and legal standards.
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What you must checkunderstand the information they need - for example, what the consequences will be.remember the information for long enough to make the decision.weigh up the options and make a choice.communicate their decision in any way - for example, by blinking or squeezing a hand.
Who assesses mental capacity? Normally, the person who is involved with the particular decision which needs to be made is the one who would assess mental capacity. If the decision is a complex one then a professional opinion might be necessary, for example the opinion of a psychiatrist, psychologist, social worker etc.
There is a two-stage test of capacity in order to decide whether an individual has the capacity to make a particular decision, this test must be applied.
The MCA says that a person is unable to make their own decision if they cannot do one or more of the following four things: Understand information given to them. Retain that information long enough to be able to make the decision. Weigh up the information available to make the decision.
The functional test of capacityThe ability to understand information about the decision (the 'relevant' information);The ability to retain the information long enough to make the decision;The ability to use, or 'weigh up' the information as part of the decision making process; and.More items...