Fluctuating capacity is not a concept addressed in the Mental Capacity Act 2005 and is only briefly covered in the code of practice, but it poses significant challenges for practitioners in how they work with people whose ability to make decisions can change.
Attend to learn:
- What fluctuating capacity is and how it can be distinguished from a temporary lack of capacity
- Which conditions are associated with fluctuating capacity and how it presents in each case
- How to apply the five principles of the Mental Capacity Act in cases where a person has fluctuating capacity
- Lessons from case law in relation to fluctuating capacity
Elmari Bishop, Mental Capacity Act consultant and lecturer, Bournemouth University