The purpose and process of completing Mental Capacity Assessments are set out within the Mental Capacity Act 2005 and, in brief, are an assessment of whether a person (an adult or young adult aged over 16) is able to make their own decisions about things that happen in their lives. This can range from where they live, what education (if any) they attend, what clubs/groups/activities they go to, how their personal care needs are met, how their money is spent/controlled, and how their health needs are met.

Each of the examples above requires a specific Capacity Assessment to be completed and for the issues to be explored with the person subject to it.

A Capacity Assessment is usually completed by a Social Worker, medical professional, or solicitor, but the guidance is that it has to be an "appropriate professional". The assessment usually takes place over one (or sometimes two) sessions, which can last from 30 minutes to a couple of hours, depending on the issues to be discussed, the persons ability to communicate and their specific needs. When completing these assessments, I ensure that the person being interviewed is relaxed and given the best possible opportunity to engage with the assessment and share their views.

Even if a person lacks Capacity to make decisions, they may still be able to share their wishes and feelings and I ensure that these thoughts are shared within my report so that the Judge is aware of them when making decisions for the person (if an application to Court is required). 

All of my capacity assessments are completed using the Court of Protection paperwork and if additional statements/reports are required, to support this, then I am happy to discuss this as part of the planning for the work I complete with you.