Asking for a capacity assessment can feel like turning a quiet worry into a big thing. Plenty of families hold back for fear of upsetting a parent or starting a row with a sibling. Once you’ve decided to go ahead, the next worry is who should actually do it.
The short answer
Choose someone who is registered with a professional regulator, has no stake in the outcome, and will write their reasoning down. That means an assessor who names the exact decision, applies the two-stage test in the Mental Capacity Act 2005, records what support was given to help the person decide, and explains how they reached their conclusion.
In this post
- What the law asks of anyone who assesses capacity
- Five checks to make before you instruct an assessor
- What a good report lets you do
- Why asking early is usually the kinder choice
- Where the guidance stands in October 2026
Key points
- The Mental Capacity Act 2005 sets a legal test for assessing capacity and names no job title.
- The test has two stages: an impairment or disturbance of the mind or brain, then an inability to make this decision at this time.
- A social worker’s registration can be checked on the public Social Work England register.
- Independence counts most where money, property or family disagreement is involved.
- A report worth having names the decision, shows the support offered and explains its reasoning.
- Asking early does not remove anyone’s rights.
What the law asks of anyone who assesses capacity
The Mental Capacity Act 2005 sets a legal test, then leaves it to whoever is making or supporting the decision to apply it. I cover who is allowed to assess in my post on who can carry out a mental capacity assessment, so I’ll keep to the test here.
The first stage asks whether the person has an impairment of, or disturbance in, the functioning of the mind or brain. The second asks whether, because of that, they cannot make this particular decision at this particular time. Under section 3, someone is unable to decide if they cannot understand the relevant information, retain it, use or weigh it, or communicate their decision by any means.
A diagnosis comes from a clinician, and on its own it doesn’t answer the second stage. So the assessor’s reasoning is what counts, whatever the label says.
Is a GP or someone already involved enough?
For a low-risk decision with no disagreement, a GP or another professional who already knows the person is often enough. If you’re weighing a GP against an independent assessor, I’ve set out the differences in a separate post.
Five checks before you instruct an assessor
1. Are they registered? Social workers in England have to be registered with Social Work England, and the register is public. You can search by name or registration number and see their status and any conditions on their practice. I’m registered with Social Work England and the British Association of Social Workers.
2. Who do they answer to? An independent assessor has no link to a council, a care provider or a family member who could gain from the result. Ask them straight out. I’ve written about what independence means in practice if you’d like more detail.
3. Will they name the decision? Capacity belongs to one decision at one moment in time, so “Can Mum decide?” is too wide a question. A good assessor will ask you to pin it down first, for example selling a house or agreeing to a move to a named care home.
4. Will the report show its working? Ask what the written report will contain. You’re looking for how each part of the test was applied, what support was offered, and how the conclusion follows from the evidence. A bare line saying someone “lacks capacity” gives a court very little to go on.
5. Are the practical terms clear? Before anything starts, you should know the fee, the timescale, whether the meeting will be in person or by video, and who receives the report. I work to fixed prices and explain fees and timeframes up front.
What a good report lets you do
A strong capacity report lets someone who wasn’t in the room follow the reasoning from start to finish. It’s dated, names the decision, sets out the assessor’s qualifications and experience, records the support given and explains why the conclusion follows. The COP3 form (the Court of Protection’s standard capacity assessment form, used in deputyship applications) asks for much the same and ends with a statement of truth.
I write every report expecting that solicitors, deputies, the Office of the Public Guardian (the body that supervises deputies) or the Court of Protection might read it. In my experience, families who need a second assessment usually do so because the first report was thin on detail or didn’t answer the right question.
Why asking early is usually the kinder choice
An assessment looks at one decision, starts from the presumption that the person can decide, and takes none of their rights away. If capacity is confirmed, the person’s decision stands, even an unwise one.
If there’s real doubt, an early, neutral record makes decisions about property, wills or care less likely to be challenged later. Unsure whether the time has come? My post on when a formal assessment is needed and when it can wait is a sensible place to start.
Where the guidance stands in October 2026
At the time of writing, in October 2026, the statutory Code of Practice that goes with the Act is still the 2007 version, and paid professionals must have regard to it. The Government announced in October 2025 that it would consult on the Liberty Protection Safeguards (the planned replacement for the Deprivation of Liberty Safeguards) during 2026, and said the responses would help shape a revised Code.
A new Code may change how assessments are described, so check current guidance before relying on this post.
If you are weighing this up
If you’re deciding whether to ask for an assessment, or you’d like to know what a report should contain before you instruct anyone, get in touch for a chat. You can read about my mental capacity assessment service or contact me directly, with no obligation.
This post gives general information for England and Wales. It is not legal or medical advice.
Straight Answers on Choosing an Assessor
What if my parent does not want to take part in an assessment?
An assessment works best with the person’s willing involvement, and nobody can be made to attend. Talk to them first about why you are asking and which decision is involved, and make it clear that they can say no. If they still refuse, the right next step depends on the decision and the level of risk, so take advice before pressing further.
Can I tell the assessor what outcome we need?
No. An independent assessor applies the two-stage test to the evidence and reports what they find, whichever way it falls. A good assessor will want your concerns and background, but will not agree a result in advance. If anyone promises a particular outcome, treat that as a warning sign.
What should I give the assessor before they meet my relative?
Share the exact decision you are worried about, relevant medical or care records (where your relative agrees or you have the legal authority to share them), and who supports them day to day. Mention any communication needs too, such as hearing, language or the time of day they are at their best. The background helps, but your relative’s own account carries the most weight.
Can I sit in on the assessment?
Sometimes a trusted relative helps the person feel at ease or communicate, and that can be valuable. The assessor decides whether it helps, because the aim is to hear the person’s own understanding and views without prompting. Being asked to step out for part of it is common and is no reflection on you.
