When is a capacity assessment needed?
Capacity is decision-specific and time-specific. A formal assessment is often requested by solicitors, families, deputies, care providers or the Court of Protection when there is doubt about whether someone can make a particular decision for themselves. Common examples include:
- Making or changing a will (testamentary capacity, including the Banks v Goodfellow test)
- Creating a Lasting Power of Attorney
- Managing property and financial affairs
- Consenting to or refusing medical treatment
- Deciding where to live and what care to receive
- Conducting litigation
- Entering into a contract, marriage or sexual relations
How we assess
Our consultants apply the two-stage test in the Mental Capacity Act 2005: whether there is an impairment or disturbance of the mind or brain, and if so, whether it prevents the person from understanding, retaining, using or weighing the relevant information, or communicating their decision. Assessments take place in clinic, at home, in hospital or in a care setting, and where appropriate we speak with family members and review medical records.
The report
You receive a clear, reasoned report, compliant with Court of Protection requirements (including form COP3 where needed) and Civil Procedure Rules Part 35 where the report is for litigation. Standard turnaround is 10 working days; urgent assessments can usually be arranged within 48 hours.