What Is Mental Capacity
Mental capacity refers to a person’s ability to make a specific decision at the time it needs to be made. At OFH Care, we provide professional, decision-specific mental capacity assessments across England and Wales in line with the Mental Capacity Act 2005. Whether for a Lasting Power of Attorney, Court of Protection application, or testamentary decision, our assessments are clear, court-compliant, and trusted by legal professionals and families alike.
What is Mental Capacity?
Mental capacity is a person’s ability to make a specific decision at the time it needs to be made. It’s a core principle in UK health, legal, and social care, especially when decisions involve medical treatment, property and finances, or day-to-day welfare.
The Mental Capacity Act 2005 states that every adult is presumed to have capacity unless proven otherwise. A person may lack capacity due to a condition affecting the brain or mind, such as dementia, brain injury, learning disability, or mental illness. However, having a diagnosis alone doesn’t mean someone lacks the capacity to make decisions in their best interest.
To be considered as having mental capacity, a person must be able to:
- Understand the relevant information about the decision
- Retain that information long enough to use it
- Weigh up the pros and cons of the options available
- Communicate their decision by talking, writing, signing, or other means
Mental capacity is decision-specific and time-specific. This means that someone may be able to make certain decisions (such as what to eat or wear) but not others (such as managing finances), and their capacity can fluctuate over time.
At OFH Care, our specialists offer professional, compassionate, and legally robust mental capacity assessments for a wide range of decisions. Whether you’re a solicitor, family member, or healthcare professional, we can support you.
Get the peace of mind you deserve through our highly trusted & professional mental capacity assessment services.
What is a Mental Capacity Assessment?
A mental capacity assessment is a structured, professional evaluation used to determine whether an individual can make a particular decision. It follows a two-stage test set out in the Mental Capacity Act 2005:
- Is there an impairment or disturbance in the functioning of the person’s mind or brain?
- Does that impairment mean they’re unable to make the specific decision?
If the answer to both is yes, the person is considered to lack capacity for that specific decision.
At OFH Care, our trained assessors use a decision-specific approach, combining person-centred knowledge to ensure fair, ethical, and accurate assessments.
What Does the Mental Capacity Act Say?
The Mental Capacity Act 2005 (MCA) is the key legislation governing mental capacity in England and Wales. It provides a clear framework to protect and empower people who may lack capacity to make decisions for themselves.
The five key principles of the MCA are:
Presumption of capacity – Everyone is assumed to have capacity unless proven otherwise.
Support to make decisions – All practicable help must be given before concluding someone lacks capacity.
Unwise decisions do not mean lack of capacity – A person is allowed to make decisions others might disagree with.
Best interests – If a person lacks capacity, any decision made on their behalf must be in their best interests.
Least restrictive option – Any intervention should be the least restrictive of the person’s rights and freedom.
What Types of Mental Capacity Assessments Does OFH Care Offer?
Court of Protection (COP3) Assessments
COP3 assessments are used to inform decisions made under the authority of the Court of Protection, including applications for deputyship.
Property and Financial Affairs Assessments
This is a standard mental capacity assessment used to determine if someone has the capacity to manage their money, their bank accounts, pay bills, deal with benefits, or handle property.
Health and Welfare Decisions
This is a standard assessment used to evaluate whether a person can make decisions about medical treatment, care arrangements, or daily living needs.
Testamentary Capacity Assessments
Testamentary capacity assessments are used to assess whether a person has the capacity to make or amend a valid Will (sometimes referred to as a Banks v Goodfellow assessment).
Lasting Power of Attorney (LPA) Assessments
We assess whether a person has the capacity to create an LPA for property & financial affairs or a health & welfare LPA.
Capacity to Marry Assessments
This assessment is used to determine whether a person understands the rights, responsibilities, and consequences of getting married.
Capacity to Litigate Assessments
Also known as capacity to conduct court proceedings, the capacity to litigate assessments are used to determine if a person can understand and participate in legal proceedings as a litigant. This is a complex mental capacity assessment and requires more attention to detail.
What Does a Mental Capacity Assessor Do?
A mental capacity assessor is a qualified professional, such as a psychologist, nurse, social worker or psychiatrist who is trained to evaluate whether an individual is capable of making a specific decision. At OFH Care, our mental capacity assessors:
- Conduct face-to-face or virtual assessments
- Personalise each assessment to the individual’s needs and communication style
- Consider medical history, diagnosis, and other relevant information and factors
- Provide assessments suitable for the Court of Protection, solicitors, families, and healthcare teams
We also act as Certificate Provider for Lasting Power of Attorney assessments and contribute expert opinion in complex legal cases. For more information, read our complete guide on the role of a mental capacity assessor.
Who Might Need a Mental Capacity Assessment?
You may need a mental capacity assessment if:
- You're a solicitor handling an LPA, COP3 form, Will, or litigation case
- A family member is concerned about a loved one’s memory or decision-making skills
- A person has a brain injury, dementia, or any other physical or mental condition that affects their decision-making ability
- The individual is making a significant or high-risk decision
- There are concerns about undue influence, pressure, or vulnerability
- You're involved in a safeguarding or best interests process
Whether you require a one-off assessment or wish to establish a long-term professional partnership for ongoing assessments, our team is ready to assist you.
Already know the type of capacity assessment you need? Let our experienced team handle it with care and precision.
Why Choose OFH Care for Mental Capacity
Assessments?
At OFH Care, we bring together clinical expertise, legal insight, and human understanding. Our assessments are:
- Court-compliant, robust, and clearly documented
- Conducted by qualified capacity assessors
- Available across England and Wales
- Face-to-face and person-centred
- Flexible to your timeline and location
- Trusted by solicitors, deputies, and families nationwide
Whether you require a one-off evaluation or wish to establish a long-term professional partnership for ongoing assessments, our team is ready to assist you.
Frequently Asked Questions About Mental Capacity
Do all decisions need a capacity assessment?
No. A person is presumed to have capacity unless there are concerns. Assessments are only needed when there’s doubt about a person’s ability to make a specific decision.
Can a person have capacity for some decisions but not others?
Who can carry out a mental capacity assessment?
How much does a mental capacity assessment cost?
How long does a mental capacity assessment take?
Most assessments take around 1 hour per decision being assessed. This depends on their complexity and the individual’s communication needs.
Can the assessment be done remotely?
Yes, a remote assessment can be conducted. However, this is not suitable for everyone as some people may struggle with a video assessments and it may affect their ability to demonstrate their views on the matter being assessed. Assessors must therefore consider what is best for the person being assessed.
What happens if someone lacks capacity for a decision?
If a person is found to lack capacity for a decision, the Courts may make a decision to appoint a family member, carer, or a deputy appointed to support the person with making that decision in their best interest.