Frequently asked questions
AA Mental Capacity Assessment is an assessment of whether a person is able to make a certain decision. The level of Mental Capacity a person needs depends on the type of decision they are making.
AFormal Mental Capacity Assessments are often required in several circumstances:-
- When there is a concern about a person’s ability to make the decision or it is unclear if the person is able to make the decision themselves
- When there may be conflict or potential conflict in the future so an assessment is a pre-emptive measure in case of challenge of a persons ability to make a decision at a later date
- When a form or formal assessment is required as part of a legal process, eg court proceedings, probate matters, finance matters
AOur assessors routinely carry out the following assessments:-
- Testamentary Capacity Assessments. Capacity to make or amend a Will
- Capacity to make a Lasting Power of Attorney
- Capacity to manage their finances (this is sometimes referred to as a COP3 form which is needed for the Court of Protection application to appoint a Deputy to manage a person’s finances)
- Capacity to make Health or Welfare decisions – for example capacity to consent to medical treatment, about where the person should live or what care they need.
- Capacity to act as an Executor of a person’s Will. This is sometimes called a PA14 assessment.
- Capacity to make a gift or loan
- Capacity to buy or sell property or to mortgage or do an equity release
- Capacity to conduct litigation proceedings.
- Capacity to enter into a contract.
- Care Act assessments
AThis depends on the type of assessment. Many assessments are around an hour but they can be much longer or could be over several meetings if the decision is very complex or the person’s capacity is borderline. Your assessor can give you an idea of how long and how they suggest doing the assessment when they arrange it with you.
AGenerally, the person needs to be seen alone or at least with someone unconnected to the decision. For example, without any potential beneficiaries under a Will if the assessment is around a Will. Sometimes a family member or friend can be present at the assessors discretion and often they can make introductions between the assessor and the person to reassure them but then should let the assessment take place without them. If you have any concerns, please discuss this with the assessor directly.
AAssessments are often at the person’s home or their solicitor’s office. They are conducted in private, but it is also important to consider where the person will feel most comfortable.
AThe more the assessor knows about the person and all the relevant circumstances the better. The more background and relevant information the assessor is aware of, the more comprehensive the assessment. Possible examples are if the person has a diagnosis of any cognitive impairment or is having investigations for a condition which may affect their capacity. It may be that the person has fluctuating capacity or can say all the right things but cannot put this into action. It is very important to disclose anything which may have a bearing on the assessment.
AThe report is generally sent to the person instructing the assessor. This will often be the instructing solicitor but it may be the person themselves or a family member who has arranged the assessment unless there is a reason not to, for example the person has capacity and has asked the assessor not to disclose it to someone.
AThe assessor will let you know how long it will take to write up the report. This tends to be within a few weeks but it might be shorter or longer depending on how urgent the matter is and the assessor’s other work commitments. Please let the assessor know if the report is needed urgently.
AThis depends on the type of assessment, the complexity and time taken and the individual assessor. Please contact the assessor for your area and they can provide a fee estimate.
ANo. A diagnosis does not automatically mean you don’t have capacity but it is important the assessor is aware of this so they can do all they can to maximise your capacity. This might mean using extra resources or support to enable you to make your own decision.
AAll of our assessors are highly experienced assessors. Many of them have been or are currently Independent Visitors for the Court of Protection and Office of the Public Guardian. Some of our assessors hold additional qualifications such as Social Work Qualifications or practice as a Solicitor.
AWe are an association of individual committed to delivering high quality Mental Capacity Assessments and Independent Visiting Services for legal firms, individuals and Professionals. Please click on the ‘Contact Us’ tab and the post code the assessment is to take place in for more details and experience for the Assessor in your area.
AWe can also provide an Independent Visiting Service to individual to review care and support arrangements, check welfare benefits, or other case specific matters. We act for a number of local authorities and professional deputies and visit people they act for to ensure the person is well supported and has as good a quality of life as possible.
Just a quick note to thank you for your reports in relation to [these clients] for whom I am a Court of Protection Deputy. They were very thorough and reassuring.