An exercise in maximising capacity for decision making

In accordance with the Mental Capacity Act 2005, this paper aims to explore the steps taken to maximise an individual's ability to make decisions in regards to making a Will.

Concepts relating to testamentary capacity are discussed and assessed thematically.

The case work illustrates how a systematic, structured, evidence‐based and individually focused approach to assessing and optimising capacity (under the terms of the Mental Capacity Act 2005) can be effective.

The paper sets out a framework for maximising capacity for decision making.