Independent Mental Capacity Assessments
Experienced assessors familiar with MCA, DoLS and mental capacity case law who perform private mental capacity assessments with a 72 hour turnaround
Mental Capacity reports
Comprehensive and detailed mental capacity reports including COP3 forms that withstand scrutiny by the courts including Court of Protection
LPS changes to legislation
Advice on forthcoming LPS changes
We offer testamentary mental capacity assessments where there may be concerns regarding capacity to make a will
Capacity to Litigate
Capacity to litigate relates to one’s capacity to bring and conduct proceedings. This is not covered under MCA but case law, the most recently Dunhill v Burgin (2014)
Capacity to Manage Tenancy
Assessment of ability to manage property affairs, responsibility of a tenancy and aberration of mind where intentionality is relevant
Instruct an expert mental capacity opinion
Phone or email Consultation
Contact one of our advisers about your client’s requirements
Book an Mental Capacity Assessment
Arrange a suitable time and exchange documents and instructions
Completed assessment and report
Frequently Asked Questions
Who can carry out a mental capacity assessment?
In principle anyone who understands the principles of mental capacity can do so, but statutory requirements may mandate a specific profession, or nuances and complexities in each individual case as well as the need to withstand scrutiny in court often lead to a psychiatrist or best interests assessor to conduct the assessment.
What questions are asked to assess mental capacity?
Capacity is both time and context specific so questions will depend on what is being assessed. The 4 stage test involves assessing understanding, retaining, weighing and communicating the decision.
What are the most common causes of loss of capacity?
Many medical and psychiatric conditions can cause temporary or permanent loss of capacity including forms of dementia, learning disability and substance misuse.
How much does a private mental capacity assessment cost?
This varies according to complexity of the case, travel time and size of the documentary bundle, but typically a report can be prepared for between £250-£750.
Can a solicitor assess mental capacity?
A solicitor will in many cases be able to make an assessment of capacity, but to avoid conflict of interest, a formal assessment should be conducted by an independent expert especially where there are matters that are contentious or may later involve the courts.
Can capacity assessments be conducted remotely?
This is increasingly accepted as a valid approach, particularly given the Covid-19 pandemic which has severely restricted access to hospitals and care homes. Telephone and video assessments are now being encouraged providing appropriate safeguards are in place.
Following the passing of the Coronavirus Act 2020, further guidance has been emerging from both the Court of Protection and House of Lords regarding changes to practice for DoLS assessments. Given the enormous amount of work that takes place with vulnerable people in...