A Step Beyond

Parents & Professionals

Supporting Decision-Making and Care

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Supporting Parents and Professionals in Complex Care Decisions

Navigating the complexities of care and decision-making for individuals who lack mental capacity can be challenging for both parents and professionals. At A Step Beyond, we are committed to providing the guidance, support, and expertise needed to ensure that these decisions are made in the best interests of those in your care. From understanding the legal frameworks like the Mental Capacity Act to assisting with deputyship applications and Deprivation of Liberty Safeguards, we are here to help you every step of the way.

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Deputyship

When individuals who lack capacity need to make significant decisions, such as those regarding property, salary, or pensions, they may require someone to apply to the court on their behalf for long-term decision-making. This person, known as a Deputy, is appointed to manage all property and financial affairs.

Offering Expert Advice

A Step Beyond does not provide deputyship services directly, but we are here to offer guidance and support tailored to your circumstances. We can advise you throughout the deputyship application process, helping you anticipate the questions that the Court of Protection may raise. Our services include completing the necessary paperwork and submitting the application, all for a fixed fee agreed upon before we begin work on your behalf.

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Mental Capacity

The Mental Capacity Act: Protecting and Empowering Individuals

The Mental Capacity Act (MCA) is designed to protect and empower individuals aged 16 and over who may lack the mental capacity to make decisions about their care and treatment. The Act applies to decisions ranging from everyday choices, like what to wear, to more significant life-changing decisions, such as moving into a care home or undergoing major surgery. The Mental Capacity Act states that a person lacks capacity if they are unable to make a specific decision, at a specific time, because of an impairment of, or disturbance, in the functioning of mind or brain.

The MCA says

  • Assume a person has the capacity to make a decision themselves, unless it’s proved otherwise
  • Wherever possible, help people to make their own decisions
  • Don’t treat a person as lacking the capacity to make a decision just because they make an unwise decision
  • If you make a decision for someone who doesn’t have capacity, it must be in their best interests
  • Treatment and care provided to someone who lacks capacity should be the least restrictive of their basic rights and freedoms

Individual Assessment

In order to understand if the person has capacity or not, the mental capacity of the individual must be assessed. A Step Beyond can support the person and family throughout this assessment process done by the Mental Capacity Accessors.  If the person is assessed as lacking mental capacity, then any decision made on their behalf should be done in their ‘best interests’.

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DoLS

The Deprivation of Liberty Safeguards

“DoLS ensures people who cannot consent to their care arrangements in a care home or hospital are protected if those arrangements deprive them of their liberty. Arrangements are assessed to check they are necessary and in the person’s best interests”.

Protecting Individual Rights

For people in supported living, at home or somewhere other than care homes or hospitals a deprivation of liberty will need to be authorised by the Court of Protection.

The following requirements still need to be met:

  • Capacity: Does the person have the capacity to consent to remain in their current care setting?
  • Supervision and Control: Is the person under continuous supervision and control?
  • Freedom to Leave: Is the person not free to leave the care setting?
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The authorisation process then involves two assessors visiting and interviewing the person who is being deprived of liberty. One is a doctor, and they visit to make sure that the person has a diagnosis which allows the DoLS to be used (this means that they have what is described as a mental disorder) and they have checked that the use of DoLS is the correct legal route.

The second person is called a ‘Best Interests Assessor and they will visit to make certain that the person does not have mental capacity to make their own decision about where they get their care or treatment and also to check that being in the care home or hospital is in their best interests and that care and/or treatment can’t be done in a less restrictive way. 

Once the assessment reports are completed they will be sent on to someone different in the Council (usually someone fairly senior) to be authorised. If the criteria are not met, the DoLS will not be authorised.

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Empowering Your Decisions, Protecting Your Interests

Contact Us Today

Navigating the complexities of deputyship, mental capacity, and the Deprivation of Liberty Safeguards can be challenging, but you don't have to do it alone. At A Step Beyond, we offer expert guidance to help you make informed decisions and ensure the best outcomes for those in your care. Whether you need assistance with the deputyship process, understanding the Mental Capacity Act, or managing DoLS authorisations, our dedicated team is here to support you every step of the way.


Contact us today to explore how we can assist you in making the best decisions for your loved ones.

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