MENTAL CAPACITY IS COVERED BY A CODE OF PRACTICE AS WELL AS THE MENTAL HEALTH ACT CODE OF PRACTICE.
IN MENTAL HEALTH CAPACITY MUST BE ASSUMED TO BE PRESENT AND CAN NOT BE PRE-JUDGED,
ANYONE CAN CHALLENGE ANOTHERS CAPACITY BUT BY LAW EVEN PROFESSIONALS
NEED TO BE ABLE TO PROVE CAPACITY OR LACK OF CAPACITY.
YOU COULD HAVE LACK OF CAPACITY ON A MONDAY AND BE FINE AGAIN ON THE TUESDAY OR HAVE CAPACITY FOR MOST DECISIONS BUT A PARTICULAR DECISION CAN BE CHALLENGED.
