Recently we were asked to undertake a Mental Capacity Assessment (MCA) by a solicitor for one of their clients who had severe hearing loss and very poor eye-sight.

The solicitor had previously visited Mrs X to discuss a financial matter and struggled to get the information needed due to communication difficulties. Rather than assuming she lacked mental capacity because of her hearing loss, she wanted to ensure her client was given every opportunity to make the decision herself and had the right support to do so.

One of our social workers arranged to visit Mrs X in her home, accompanied by the solicitor.

Our social worker quickly realised that trying to undertake the MCA whilst sitting in a chair next to Mrs X was not going to work as she was struggling to see and hear her, so she sat on the floor in front of her so she could read her lips and see her better.

Using a combination of non-verbal communication and speaking in simple language, as well as taking time with the conversation, Mrs X was able to understand what was being asked, had time to process the questions and was able to provide appropriate answers.

Our social worker also took the time to check with Mrs X that she had understood the answers she was giving which meant she was happy that she had been understood correctly.

Once the meeting was completed, our social worker completed the Mental Capacity Assessment documentation and delivered it to the solicitor within 24 hours.

The outcome of the MCA was that Mrs X did have the mental capacity to make a specific decision on a financial matter.

The solicitor was so impressed with how our social worker had spent time finding the best way to communicate with Mrs X and was able to establish a good rapport with her, that she asked her to attend the another meeting with her Financial Advisor. At this meeting our social worker was able to provide reassurance to Mrs X and ensure she was fully involved with decisions and that no one made an assumption that she lacks mental capacity because of her communication challenges.

“You created an amazing conversation with her today and I don’t think we would have been able to achieve the outcome without you.”