Understanding mental capacity
It should always be assumed that a person has capacity, unless a comprehensive assessment by a professional indicates otherwise.
A clinician will consider someone to have capacity if they’re able to:
- Understand the information given to them about a particular decision
- Retain that information for long enough to make a decision
- Weigh up the information sufficiently to make a decision
- Consistently communicate their decision
A person may lack capacity if they have a brain injury, a mental health condition, had a stroke, cognitive impairment, dementia or an intellectual disability.
Having one of these conditions doesn’t necessarily mean someone lacks capacity – capacity can fluctuate, and someone may lack capacity for some decisions while still having it for others.
The guidelines we follow
While there’s no single, predetermined capacity test, our assessments are informed by established practice guidelines and legal frameworks, including:
- Adults with Incapacity: Guide to Assessing Capacity (2008)
- Guide to Best Interests Decision Making (2021)
- The Adults with Incapacity (Scotland) Act 2000
- The British Psychological Society: Supporting People Who Lack Mental Capacity
What areas of capacity can be assessed?
We can assess capacity in relation to:
Living arrangements – an individual’s capacity to decide where to live
Managing finances – an individual’s ability to make financial decisions
Power of Attorney – appointing a Power of Attorney, or changing who manages your affairs and financial decisions
Gifting – an individual’s capacity to decide to gift assets or money to others
Guardianship – providing legal authority for someone to make personal decisions on another’s behalf
Litigation capacity – an individual’s ability to take legal action
Testamentary capacity – an individual’s ability to make or alter a will
Stage 1: your initial meeting
The process starts with an initial appointment lasting around an hour, involving a clinical interview at the practice (home visits can also be considered).
Further appointments will be offered as needed, to gather additional information and assess capacity.
Stage 2: gathering further information
We gather collateral information via phone call or in person, from someone who knows the client well and isn’t connected to the decision at hand, as well as from family members or others close to them.
This stage also includes a review of relevant medical records (such as GP records), a discussion to understand what changes are being requested, a review of any relevant legal documentation, cognitive screening where appropriate, and discussion with relevant healthcare professionals.
Feedback and your report
Once all the information has been gathered, we’ll offer a feedback session to discuss the outcome of the assessment. A written report is then provided to all clients, outlining the assessment process and our clinical opinion and outcome.
FAQs
A capacity assessment looks at whether someone is able to make a specific decision for themselves. It considers whether a person can understand, retain, weigh up information, and communicate their decision. The aim is to support and protect individuals while respecting their independence.
A capacity assessment may be helpful if someone has a condition that could affect decision-making, such as dementia, a brain injury, a mental health condition, or cognitive impairment. However, having one of these conditions does not automatically mean someone lacks capacity.
The process usually includes an initial consultation, gathering information from people who know the individual well, reviewing medical or legal records, and sometimes cognitive screening. A feedback session and a detailed written report are provided at the end.
An initial 60-minute consultation costs £370. As each assessment can vary in complexity, a personalised fee estimate will be provided after the initial appointment.
Our Fees
£370
Initial 60 minute appointment
As the complexity of capacity assessment can vary fees are based on individual cases. Please book a 60 minute initial consultation and we will provide you with an estimate of fees following this appointment.
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If you would like to book an appointment or assessment, please complete and submit a referral form. If you would like to get in contact for more information or advice please complete the form on our contact us page and we will be in touch as soon as possible.
