The Mental Capacity (Deprivation of Liberty) Regulations (Northern Ireland) 2019

PART 2 Formal Assessment of Capacity and Nominated Person

Persons suitably qualified to make formal capacity assessments

2.—(1) A person is suitably qualified to make a formal capacity assessment and provide a statement of incapacity if paragraph (2) and (3) are met.

(2) The person must be one of the following—

(a) a medical practitioner;

(b) a social worker;

(c) a registered nurse or midwife;

(d) a registered dentist;

(e) an occupational therapist;

(f) a speech and language therapist; or

(g) a practitioner psychologist.

(3) The person must—

(a) have successfully completed training that has been approved by the Department;

(b) except in the 36 month period beginning with the date the person has successfully completed the training referred to in sub-paragraph (b), in the 36 months prior to the formal capacity assessment, have completed further training relevant to their role as a suitably qualified person to make a formal capacity assessment;

(c) have two years experience in a professional role, within the previous ten years, working with persons who lack capacity;

(d) be appointed by his or her employer as a person suitably qualified to make formal assessments of capacity; and

(e) have the skills necessary to obtain, evaluate and analyse complex evidence and differing views and to weigh them appropriately in decision making.

Witnesses and persons unable to sign

3.  A person can only be a witness in relation to the formalities under section 79 of the Act if he or she—

(a) is ordinarily resident in Northern Ireland;

(b) is unconnected with X; and

(c) is not X’s nominated person.

4.  If X has capacity to make an appointment, revocation or declaration under section 79 but is physically unable to make a signature, section 79(2)(a) is replaced by—

“(a) an addition sheet is added to the document containing the appointment, revocation or declaration and the addition sheet must include—

(i) a signature in his or her own name by a person who is unconnected with X;

(ii) a statement by that person that the signature on the addition sheet is on behalf of X and that in his or her opinion X has capacity to make an appointment, revocation or declaration; and

(iii) a signed statement by one witness, in addition to the witness in paragraph (b), who must be unconnected with X stating that in their opinion X—

(aa) understands the effect of the appointment, revocation or declaration; and

(bb) has not been subject to any undue pressure in relation to the appointment, declaration or revocation.”.