What might indicate an independent mental capacity assessment is required?
If memory or attention has been poor or there is a particularly complex or contentious matter that needs further investigation or verification by a capacity assessor, an independent capacity assessment can help to establish the underlying issues.
How do you assess mental capacity?
Mental capacity is typically assessed under the Mental Capacity Act 2005 using a two stage test – the Diagnostic and Functional test respectively.
However, in some areas of law, a case law may exist where this test needs to be applied, for example in testamentary capacity.
In general, it needs to be established there is a mental disorder with a causative nexus that leads to impairment in understanding, retention, using and weighing and communicating a decision.
When may mental capacity not be present?
A lack of mental capacity may be be due to multiple factors ranging from various underlying mental disorders including depression, dementia, learning disability or brain injury.
Who can carry out a private mental capacity assessment?
Whilst anyone can in principle carry out a capacity assessment, often expert capacity assessors are needed.
In cases where an independent opinion is required and a report for the Court of Protection is requested, independent psychiatrists who are trained in a wide range of mental disorders and mental capacity are advised.
What types of mental capacity assessment are there?
Assessing mental capacity is both context and time specific. What this means in practical terms is that a person may have capacity for one domain but not in another and that capacity may vary over time.
We conduct mental capacity assessments across a wide range of areas for private individuals, solicitors, local authorities and other statutory bodies
Common types of decision specific capacity assessment
- Power of attorney mental capacity assessment power of attorney for someone who lacks capacity including a capacity assessment of finances or long term care needs
- COP3 mental capacity assessment for Court of Protection including deputyship
- Testamentary mental capacity assessments
- Mental capacity to litigate
- Mental capacity to make a gift
- Capacity assessment of executor of will
- Mental capacity to manage a tenancy or other forms of accommodation
How can I arrange a private mental capacity assessment?
You can email us further details at firstname.lastname@example.org, contact us on the live chat or call 0800 9705174.
I need a mental capacity report: Can a remote assessment be arranged?
Yes, this can be arranged depending on the interviewee’s familiarity with technology and the mode of interview and report is supported in law by the courts.
How much does it cost to complete a mental capacity assessment?
This will depend on the background reading, complexity of the case and interview time. Please contact us for a quote.