Mental capacity assessment.

What a capacity assessment is

Mental capacity is the ability to make a particular decision at the time it needs to be made. A mental capacity assessment is a structured, independent evaluation of whether a person can understand, retain, weigh up and communicate a decision about a specific matter — for example, whether they can appoint someone to act for them under a Lasting Power of Attorney, or whether they can understand a property sale.

Capacity is always decision-specific and time-specific. A person may have capacity to make some decisions but not others, and capacity can change over time. Our role is to give an objective, professional opinion about a defined decision, documented in a way that solicitors, the Office of the Public Guardian, the Court of Protection, and other parties can rely on.

When you might need one

We are commonly asked to assess capacity for matters such as:

• Lasting Power of Attorney (LPA) — confirming a person has capacity to grant an LPA for property & financial affairs or health & welfare.
• Sale or transfer of property — confirming capacity to understand and enter into the sale of a home or other property.
• Making a will (testamentary capacity) — assessing whether a person understands the nature and effect of making a will.
• Managing finances — capacity to manage bank accounts, investments or day-to-day money.
• Gifts and major financial decisions — capacity to make significant gifts or transactions.
• Court of Protection matters — assessments to support applications relating to deputyship or specific decisions.
• Litigation capacity — whether a person can give instructions and conduct legal proceedings.
• Care and residence decisions — capacity to decide where to live or about a care package.

If you are unsure which type of assessment you need, your solicitor or legal adviser can usually tell us the specific decision that must be assessed. The assessment is always tailored to that decision.

Who carries it out

Assessments are carried out by an experienced GP or a consultant psychiatrist, depending on the complexity of the case and the type of decision involved. Straightforward assessments — for example, capacity to grant an LPA — are often carried out by an experienced GP. More complex cases, or those involving significant mental illness, cognitive decline or contested circumstances, are usually best assessed by a consultant psychiatrist.

When you contact us we will help you decide which clinician is most appropriate for your situation.

Where we can see you

We understand that many people who need a capacity assessment have limited mobility or are unwell, so we offer flexibility on location:

• At home — a home visit, often the most comfortable and familiar setting for the person being assessed.
• In a care home or nursing home — we can visit residents in their care setting.
• In our clinic — at 97–99 Whitechapel Road, London E1 1DT.
• Remotely by video — where this is clinically appropriate and the nature of the decision allows. A remote assessment is not suitable in every case; we will advise honestly whether it is appropriate for your situation.

What the assessment involves

Before the appointment, we ask for relevant background — the specific decision to be assessed, any medical or cognitive history, and any documents your solicitor needs us to consider. During the assessment the clinician will:

• Explain the purpose of the meeting and obtain consent to proceed where possible.
• Discuss the specific decision in plain language, giving the person every reasonable opportunity to demonstrate their understanding.
• Assess whether the person can understand the information relevant to the decision, retain it, weigh it up, and communicate their choice.
• Consider whether any impairment of the mind or brain is affecting the decision, as required by the Mental Capacity Act.
• Take time, use communication aids where helpful, and where appropriate arrange to return at a better time of day if the person’s capacity fluctuates.

Most assessments take between 45 and 90 minutes, though this varies with the complexity of the decision and the person’s presentation.

The written report

After the assessment we provide a clear, written report setting out our opinion on whether the person has capacity for the specific decision, the basis for that conclusion, and the relevant findings. The report is prepared to a standard suitable for solicitors, the Office of the Public Guardian and, where needed, the Court of Protection. Turnaround times and any certification requirements (for example, acting as a certificate provider for an LPA) are discussed with you when you book.

The legal framework

All assessments are carried out in line with the Mental Capacity Act 2005 and its Code of Practice, which apply in England and Wales. The Act sets out five core principles, including the presumption that a person has capacity unless proven otherwise, and that people must be supported to make their own decisions wherever possible. Our assessments follow the two-stage test of capacity set out in the Act and are documented accordingly.

We provide an independent, objective opinion. We are not able to guarantee any particular outcome, and our duty is to give an honest professional assessment of capacity for the decision in question.

How to arrange an assessment

To arrange a mental capacity assessment, contact the clinic or ask your solicitor to refer the person to us. We will confirm the specific decision to be assessed, recommend whether a GP or consultant psychiatrist is most appropriate, agree the location (home, care home, clinic or remote), and confirm the fee and expected report turnaround before the appointment.

Frequently asked questions

How much does a capacity assessment cost?

Fees depend on the type of decision, whether a GP or consultant psychiatrist is required, the location, and the complexity of the report. We provide a clear quote before you book. Please see our fees page or contact the clinic for a tailored quote.

Can the assessment be done at home or in a care home?

Yes. We regularly visit people at home and in care or nursing homes, which is often the most comfortable setting for the person being assessed. A travel element may apply to the fee depending on location.

Can it be done remotely?

In some cases, yes — a video assessment can be appropriate for certain decisions and where the person can engage adequately by video. It is not suitable in every case, and we will advise you honestly whether a remote assessment is appropriate for your situation.

Who will carry out the assessment — a GP or a psychiatrist?

It depends on the decision and the person’s circumstances. Many assessments, such as capacity to grant an LPA, can be carried out by an experienced GP. More complex cases, or those involving significant mental illness or cognitive impairment, are usually assessed by a consultant psychiatrist. We will advise which is most appropriate.

What happens if the person is found not to have capacity?

Our role is to give an objective opinion. If a person is assessed as lacking capacity for a specific decision, the report explains the basis for that conclusion. Your solicitor can then advise on next steps, which may include an application to the Court of Protection or the appointment of a deputy.

Can you act as a certificate provider for an LPA?

Where appropriate, the assessing clinician can act as a certificate provider for a Lasting Power of Attorney. Please tell us at the time of booking if this is required so we can confirm the clinician can fulfil that role.

Is capacity permanent?

No. Capacity is specific to a particular decision and to the time the decision needs to be made. A person may have capacity for some decisions but not others, and capacity can fluctuate or change over time. Each assessment relates only to the specific decision and time assessed.