Making decisions : helping people who have difficulty deciding for themselves : a guide for legal practitioners.
- Great Britain. Lord Chancellor's Department
- Date:
- 2003
Licence: Open Government Licence
Credit: Making decisions : helping people who have difficulty deciding for themselves : a guide for legal practitioners. Source: Wellcome Collection.
9/40 page 7
![Where a will has been drawn up for an elderly or seriously ill person whose capacity may be in doubt, the courts have ruled that the will should be witnessed or approved by a medical practitioner. The practitioner should then record their findings (Kenward v Adams [1975]). |f a person’s Capacity is the subject of court proceedings, the Court will require expert medical evidence. A sample certificate of capacity form which can be completed and filed with the will, or any other legal document, can be found in Assessment of Mental Capacity: Guidance for Doctors and Lawyers (see page 26). Fluctuating capacity Some people may be quite capable of making their own decisions and running their own lives for most of the time. But a mental health problem or other condition may affect their capacity and abilities at other times. For example, someone with a bi-polar disorder may spend money unwisely and get into debt during a hypomanic episode, which they may regret later when they regain capacity. A psychotic illness may affect someone’s judgement for a time, but their symptoms may disappear later. This is known as ‘fluctuating capacity’ or temporary incapacity. There may also be temporary factors that could affect someone's ability to make decisions, such as the effect of medication or distress caused by bereavement or a sudden shock. Physical problems such as loss of hearing or speech difficulties after suffering a stroke may make it seem as though someone's capacity has been impaired.](https://iiif.wellcomecollection.org/image/b32221824_0009.jp2/full/800%2C/0/default.jpg)
