Mental capacity assessments under the Mental Capacity Act 2005
Independent capacity assessments for litigation, property and affairs, health and welfare, and testamentary matters, prepared under the Mental Capacity Act 2005 and for the Court of Protection.
Capacity is decision-specific, and the law sets out how it is assessed. Expert Medical arranges independent capacity assessments prepared under the Mental Capacity Act 2005 and its two-stage test, for use in litigation, in the Court of Protection and in private matters.
The statutory test applied
Assessments follow the Mental Capacity Act 2005, including the principle that capacity is assumed unless the contrary is shown and that it is judged for the specific decision in question.
The decision in question
We arrange assessments of the specific capacity at issue, whether that is litigation capacity, capacity to manage property and affairs, capacity for health and welfare decisions, or testamentary capacity.
For court or private use
Reports are prepared for the Court of Protection where needed, and for solicitors and families in private matters, with the reasoning set out so the conclusion can be understood.
Capacity, assessed against the law that governs it
A capacity assessment has to follow the Mental Capacity Act 2005 and explain its reasoning. Our reports do that, so the court, the solicitor or the family can see how the conclusion was reached.
- Litigation capacity and the need for a litigation friend
- Capacity to manage property and financial affairs
- Capacity for health and welfare decisions
- Testamentary capacity, assessed against Banks v Goodfellow
- Capacity to make a lasting power of attorney
- Capacity to make specific decisions about care or residence
- Court of Protection reports and hearing attendance
- Assessments carried out at home or in a care setting where needed
- Clear reasoning linked to the statutory test
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