When capacity is borderline, everything comes down to one person in the room: the certificate provider. Get their judgement right, and the LPA holds. Get it wrong, and you’ve built something that can unravel the moment it’s tested. I’m often asked this by families at the worst possible moment, usually after a diagnosis, a fall, … Read more
GP, Local Authority, or Independent Assessor: Who Should Carry Out a Mental Capacity Assessment? It’s one of the most common questions I hear, particularly from families who’ve suddenly found themselves trying to navigate the Mental Capacity Act 2005 for the first time. “Can our GP do this?” or “Isn’t this something the council should sort … Read more
Most families come to me with this exact question. And if you’re asking it, you’re probably already paying attention to something that matters. That’s not overreacting. Here’s how to think it through. Key points at a glance: You’re Not Overreacting. But Let’s Think This Through. You’ve noticed something. Maybe Mum is repeating herself more. Maybe … Read more
Being told that a mental capacity assessment is needed can feel unsettling. Many people worry that decisions are about to be taken out of their hands, or that their voice will not matter. A capacity assessment does not remove rights. It exists to protect them. The law is clear that the person being assessed must … Read more
This is one of the most common questions I get asked, and the answer isn’t always straightforward. It depends on the decision being made and what the assessment is actually for. What the Mental Capacity Act says The Mental Capacity Act 2005 doesn’t list job titles or qualifications for who can assess capacity. Instead, it … Read more
Understanding when a loved one might lack the mental capacity to make certain decisions can be one of the most difficult challenges families face. The Mental Capacity Act (2005) provides a clear framework for assessing capacity, but before any formal assessment takes place, there are often signs that indicate someone may be struggling to make … Read more
Assessing a person’s mental capacity is one of the most sensitive and important responsibilities in social work. It determines whether an individual can make specific decisions for themselves and guides professionals in ensuring their rights and dignity are respected. Under the Mental Capacity Act (2005), every assessment must follow a structured approach, balancing empathy with … Read more
Wills are often made at difficult moments, so clarity matters. This guide explains when a testamentary capacity assessment is sensible, how the legal tests work, and what good practice looks like. It blends plain-English explanations with practical steps you can act on today, so families and solicitors can protect a person’s wishes without unnecessary friction. … Read more
Applying to the Court of Protection can feel overwhelming, especially when it comes to the paperwork. One form that causes worry for many families is the COP3. This is the Court’s assessment of capacity form, and it must be filed with your application in most cases. To make life easier, we have created this step-by-step guide. It shows … Read more
Families usually come across Form COP3 when applying to the Court of Protection for a decision that someone can no longer make for themselves, for example a deputyship for property and financial affairs or for health and welfare. In plain terms, COP3 is the assessment of capacity report that goes in with the application, and it must be current at the … Read more
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