How is a Mental Capacity Assessment done?

How is an assessment done?

As an Independent Mental Capacity Assessor, I follow a clear and structured process designed to meet the requirements of the Mental Capacity Act 2005 and relevant case law.


Each assessment is tailored to the individual, ensuring that the person is supported to express their understanding, reasoning, and preferences wherever possible.



Before the assessment

You (the instructing solicitor, referrer, or family member) will be asked to provide background information, including:

  • The specific decision to be assessed (for example, will-making, LPA, deputyship, or financial gift)
  • Any known medical diagnoses or recent changes in cognition, health, or behaviour
  • Details of medication, communication needs, and preferred time or location for assessment
  • Copies of any relevant legal or clinical documents (such as existing LPAs or prior assessments)


Consent and confidentiality

Each assessment begins with a clear explanation of its purpose and how the information shared will be used.
Where possible, consent is obtained verbally, ensuring the person understands:

  • What the assessment involves
  • Who has requested it
  • Who will receive the report

This approach allows for informed agreement even when written consent may not be practical or accessible, for example due to visual, physical, or cognitive limitations.
All information is managed in accordance with GDPR and professional confidentiality standards. Reports are stored securely and shared only with those directly involved in the instruction or care process.

 

During the assessment

  • The assessment is completed through a semi-structured interview, adapted to the person’s level of understanding, communication, and cognitive ability.
  • Questions are presented clearly and in manageable sections, allowing time for processing and response.
  • Where appropriate, short cognitive screening or memory tasks may be used to supplement clinical observation.
  • The person may have a relative or supporter present at the beginning of the interview if this helps them feel at ease.
  • If fatigue or illness affects performance, the assessment may be paused and continued later.


After the assessment

  • Findings are discussed briefly with the person (and their representative if appropriate), to confirm that they understand how their views have been recorded.
  • A detailed court-standard report is prepared, structured to meet solicitor and Court of Protection requirements.
  • Reports are usually delivered within a short time frame unless otherwise agreed.
  • In complex cases, further medical or neuropsychological input may be recommended.


 

    Please contact me to discuss any of this information or book an assessment.

Decision Specific Assessments

Sometimes Mental Capacity Assessments are needed to assess other decisions that are specific to you, and not listed on this site.


These could be decisions related to financial or legal matters.


Contact me   to discuss your needs and how I can help.