A mental capacity assessment looks at whether a person can make one specific decision at one specific time. It does not judge them as a whole, and it starts from the assumption that they can decide for themselves.
Most families who contact me are somewhere in the middle of a worry. Mum is repeating herself, a solicitor wants evidence, or the siblings disagree about what to do next. This page pulls together my guidance on the questions families ask most, in the order they tend to arise.
Do you actually need an assessment?
This is the first question, and the honest answer is sometimes “not yet”. A formal assessment makes sense when a significant decision is on the table, when professionals are giving mixed messages, or when family conflict is building. For everyday, low-risk choices, good support is often enough.
I’ve set out how to tell the difference in Does Mum Actually Need a Mental Capacity Assessment?
A diagnosis is a common sticking point. Many people assume that a dementia diagnosis means someone can no longer decide anything. It doesn’t, and Does Dementia Mean Someone Lacks Mental Capacity? explains why.
Who should carry out the assessment?
The Mental Capacity Act 2005 doesn’t name a job title. What counts is that the assessor applies the legal test correctly and writes down their reasoning.
For simple decisions, a GP may be perfectly reasonable. For high-stakes or disputed ones, families and solicitors often look for something more detailed. These two posts walk through the options:
- Who Can Carry Out a Mental Capacity Assessment? covers everyday decisions, serious decisions and legal ones.
- GP or Independent Assessor: Who Assesses Capacity? compares GPs, local authority social workers and independent assessors, including where each works best.
How do you choose an independent assessor?
As an independent social worker, I don’t work for the Local Authority, and I act for the person and the instructing solicitor, not for the council. That independence is useful where money, property or family disagreement is involved.
If you’ve decided to go ahead, How to Choose an Independent Mental Capacity Assessor gives you five practical checks to make before you instruct anyone. It also explains what a good written report should contain.
What are the person’s rights during an assessment?
Being told an assessment is needed can feel frightening, especially for the person being assessed. The law is clear that they must be involved, supported and treated with dignity throughout.
What Are the Rights During a Mental Capacity Assessment explains the right to support, the right to ask questions, and the right to challenge the outcome. It’s worth reading together with the person concerned, if they’re happy to do so.
What if the Court of Protection is involved?
Where a deputyship application is needed, the court asks for a COP3 form. This is the standard capacity assessment form, and Part B must be completed by an appropriate professional, not by a family member.
I explain what the form involves, and how to prepare before the assessor visits, in What is a COP3 Assessment and Why Do You Need One?
Where my own service fits
If you’d like to see how I approach assessments, you can read about my mental capacity assessment service. It covers who I work with, what a report includes and how the process runs from first conversation to written findings.
Not sure where to start?
Many families begin with a conversation, not a formal report. If you’re worried about someone’s decision-making and want to talk through whether an assessment is the right step, get in touch for a chat. There’s no obligation, and no pressure.
This page gives general information for England and Wales. It is not legal or medical advice.
Mental Capacity Assessment Questions, From First Worry to Final Report
What is a mental capacity assessment?
A mental capacity assessment looks at whether a person can make one specific decision at one specific time. It follows the Mental Capacity Act 2005 and starts from the assumption that the person can decide for themselves. It is never a judgement on their intelligence, age or lifestyle.
When does someone need a formal capacity assessment?
A formal assessment makes sense when a significant decision is pending, such as selling a property, changing a will or agreeing to a care home move. It is also worth considering when professionals disagree, when family conflict is building, or when the Court of Protection is involved. For everyday, low-risk choices, good support is usually enough.
Does a dementia diagnosis mean someone lacks mental capacity?
No. A diagnosis on its own never proves that someone lacks capacity, because capacity is judged decision by decision. A person with dementia can still make many of their own choices, and an unwise decision is not evidence of incapacity.
Who can carry out a mental capacity assessment?
The Mental Capacity Act does not name a job title. For everyday decisions, the person supporting someone can assess capacity if they apply the legal test correctly. For serious or disputed decisions, a trained professional such as a social worker, GP or psychiatrist should complete a formal, written assessment.
What is the difference between a GP assessment and an independent one?
A GP assessment is often brief and focused on the clinical picture, which suits simple decisions with no disagreement. An independent assessor has no link to the NHS, the council or a care provider, and produces a detailed report built to withstand legal scrutiny. That makes it a better fit where money, property or a dispute is involved.
What rights does a person have during a capacity assessment?
The person has the right to be involved, to have information explained in a way they can understand, and to be given time and support. They can have someone they trust present, treated with dignity throughout. They can also ask questions about the outcome and challenge it, including by requesting a second opinion.
What is a COP3 form and who completes it?
COP3 is the Court of Protection’s assessment of capacity form, usually filed with a deputyship application. The applicant or their solicitor completes Part A, while Part B must be completed by an appropriate professional with Mental Capacity Act experience. Family members cannot complete Part B.
How do I choose an independent mental capacity assessor?
Check that they are registered with a professional regulator, such as Social Work England for social workers, and that they have no stake in the outcome. A good assessor will name the exact decision, record the support offered, and explain their reasoning in a written report. You should also be told the fee, timescale and format before anything starts.
