Dear James
Where would I find an independent advocate
Regards
Suzanne
Hi Suzanne
Do a quick search online of [insert local authority area] ‘advocacy services’ and you should be able to find what is in your area 
there are two types of nobodies the ones that can get people to listen and engage and people like me who are invisible to society and its our rights that get trodden into the ground, our dreams that get snuffed out before they even got a chance to begin.
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Can I ask how many mental capacity test need to be done on one person who does not lack capacity but has severe disabilities which affect him communicating we are heading for our 4 th capacity test. Will they keep going until they get what they want
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Yes. According to law, a capacity for each decision.
Hi Suzanne
The following guidance Mental Capacity Guidance Note: Assessment and Recording of Capacity | 39 Essex Chambers explains this point really well at paragraphs 8 to 16 (page 2 to 5) and it is also covered in Mental Capacity Act Code of Practice - GOV.UK at section 4.34 to 4.37 (page 52 to 53), and i think this quote is important to remember “So it is important to carry out an assessment when a person’s capacity is in doubt”.
So, in this type of scenario, I would suggest to the person, and probably with the support of an advocate (using whatever form of communication they use) to ask the assessor “on what grounds do you doubt my capacity to make this decision”.
The Code of Practice goes on to explain (which i would use to hold the assessor/s to account):
4.36 The starting assumption must be that the person has the capacity to make the specific decision. If, however, anyone thinks a person lacks capacity, it is important to then ask the following questions:
- Does the person have all the relevant information they need to make the decision?*
- If they are making a decision that involves choosing between alternatives, do they have information on all the different options?*
- Would the person have a better understanding if information was explained or presented in another way?*
- Are there times of day when the person’s understanding is better?*
- Are there locations where they may feel more at ease?*
- Can the decision be put off until the circumstances are different and the person concerned may be able to make the decision?*
- Can anyone else help the person to make choices or express a view (for example, a family member or carer, an advocate or someone to help with communication)?*
The people in the know want a 5th capacity test done and want the person to pay for it is this correct
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Hi Suzzane
I may have missed something. Is it that there are repeated capacity assessments of the same decision the individual is required to make? [e.g. Decision to chew and swallow food].
Alternatively is it that sequential capacity assessments are being sought for each of different decision-making abilities?
That’s hilarious!! I’m wondering if the person is of capacity to make a decision on whether to pay or not. LMAOooo! 
Ok guys and gal saddle up and hang on as this is going to be a bumpy ride
Capacity test done for Property and finance last year, came back as person has capacity to make his decisions. People did not like this we dont know why. so move on and then health board decided to get involved asking for a capacity test for residence and care litagation and dols to be done by a GP. Person is disabled but does not have to prove capacity but is constantly having to provide evidence. If this evidence does not suit the purpose of the people asking for capacity then another one is ordered and they were asked to pay for it. GP did not say he lacks capacity just that in a 30 minute assessment he was not qualified to have to deal with such a complex assessment in the surgery. People in knowjst picked up bits they liked and repeated
yes its the same they did not like the first report so now putting it out to 3 more want us to 1/3 but I know the person has capacity
How should a assessor approach a capacity test, what information should be made available to the person
I’ll keep saying it but I might as well have not: NOBODY can have ‘capacity for property’ or ‘capacity for finance’. Why - because all the law and codes of practice when applied properly will say so.
If I am wrong then people can have:
- Capacity for surgery.
- Capacity to drive mechanically propelled vehicles.
- Capacity to cook.
- Capacity to use electrical appliances.
- Capacity to shop.
…and so on.
Why I do not believe I am wrong is because none of the above are specific decisions. A person might have capacity for toenail surgery but not for brain surgery - so to say capacity for surgery is to address a state of mind in the broadest sense possible and divorced from what the law intended.
One may be able to cook an omelette but not a three course meal. Jeez - this is so simple. But not because they can’t cook a three course meal means that they have no capacity to cook.
Likewise a person can have capacity to decide for purchasing a pencil (which is both financial and property acquisition) but not capacity for purchasing a Ferrari. So to for anyone to conclude that a person has no capacity for deciding on all property (or financial transactions), the implication would be that the individual is probably of a mental age below 5 y.o.
But I’ll have to wait for a judge to wave a stick at everybody - because I am NOBODY (not an authority); and it is authority that rules the Empire - not logic.
‘They’ are lucky they didn’t have me to contend with. I’m not allowed to say in open forum, what I would have said to them! 
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