Elmari Bishop

All posts by Elmari Bishop

Case law and capacity to consent to sexual relations and marriage

The issue of consent to sexual relations and marriage is often a dilemma for practitioners. Case law provides guidance and this guide looks at implications for practice, including why both situations are "act specific" and not "person specific".

Making best interests decisions: quick guide

Looks at the key steps behind making a best interests decision on behalf of someone you have assessed as lacking the relevant capacity to make the decision.

Assessing capacity: quick guide

Sets out the principles behind the Mental Capacity Act and the steps that must be taken to ensure you are legally compliant when carrying out a mental capacity assessment.

Case law and the process of assessing mental capacity

Looks at court cases and picks out the implications for practice so that practitioners can ensure they are carrying out mental capacity assessments in a legally compliant way.

Case law in relation to making best interests decisions

How to include the individual's wishes and feelings when making a best interests decision; use the best interests checklist; and identify when an option perceived as higher risk than another, but is in line with the individual's wishes, is in their best interests.