What is a Mental Capacity Assessment?
A Mental Capacity Assessment considers whether a person can make a particular decision at the time it needs to be made.
Under the Mental Capacity Act 2005, adults must be presumed to have capacity unless it is established otherwise. People should also receive appropriate support to help them make their own decisions.
Having dementia, a learning disability or a mental health condition does not automatically mean someone lacks capacity.
An assessment considers whether the person can understand, retain, use or weigh relevant information and communicate their decision, taking account of the legal requirements and their individual circumstances.
My approach focuses on the specific decision, the person's abilities and the support they may need to participate meaningfully in the assessment.
Decisions I can assess...
Care & accommodation
Decisions about care arrangements or where someone lives.
Lasting Powers of Attorney
Capacity to make an LPA and appoint attorneys.
Financial decisions
Specific property or financial matters.
Other decisions
Individual circumstances requiring a decision-specific assessment.
I welcome enquiries about other decision-specific assessments and will consider whether the instruction is appropriate for my experience and professional role.
Each referral is considered individually to ensure that the assessment is suitable and that the relevant decision is clearly identified.
A Respectful, Person-Centred Approach
A Mental Capacity Assessment should never be treated as simply a test or a tick-box exercise.
I take time to understand the individual, the decision being considered and any support they may need to participate.
My approach includes:
Identifying the specific decision and relevant information.
Considering the person's communication and accessibility needs.
Providing appropriate support to help them understand and express their wishes.
Considering relevant background information and professional records.
Speaking with others where appropriate and lawful.
Applying the Mental Capacity Act 2005 and its principles.
Preparing a clear, evidence-based report where agreed.
My assessments are independent. I do not approach an assessment with a predetermined conclusion, and I recognise that people may make decisions others consider unwise without necessarily lacking capacity.
The aim is to provide a fair, thoughtful assessment that respects the individual's rights and circumstances.
Clear, Straightforward Fees
Independent Mental Capacity Assessments — From £300
The fee depends on the decision being assessed, the complexity of the circumstances, the information requiring review and the reporting requirements.
A written quotation will be provided before work begins, so you know what is included.
Payment arrangements
A 30% deposit is payable when the instruction is accepted.
The remaining 70% is payable on completion of the agreed assessment and report, normally before the report is released.
Any additional work or expenses will be discussed and agreed in advance.
How the Process Works
01
02
03
04
Initial enquiry
Review and quotation
Arrange the assessment
Prepare the report
I'll consider whether the assessment is appropriate, clarify the scope of the instruction and provide a written quotation.
Where a written report has been agreed, I'll explain the assessment process, evidence considered and professional conclusion.
The report will be provided to the appropriate recipient in accordance with the agreed instruction, confidentiality and data protection requirements.
Contact me to explain the decision requiring assessment and any relevant circumstances.
The initial enquiry is free.
We'll agree a suitable appointment, taking account of the person's circumstances, communication needs and any reasonable adjustments.
05
Undertake the assessment
I'll meet with the individual, provide appropriate support and consider the relevant evidence in accordance with the Mental Capacity Act 2005.
Frequently Asked Questions
Does having dementia mean someone lacks mental capacity?
No. A diagnosis of dementia does not automatically mean a person lacks capacity. Capacity must be considered in relation to the particular decision and at the relevant time.
Can a family member request an assessment?
Yes, a family member can make an enquiry. However, I will need to consider the purpose of the assessment, the person's rights and wishes, and the legal basis for undertaking the work and sharing information.
Will the assessment take place at home?
Home visits are available across Sussex and surrounding areas. The most appropriate arrangements will depend on the person's circumstances and the assessment required.
Can you guarantee the assessment will find that someone lacks capacity?
No. An assessment must be independent and evidence-based. I cannot guarantee a particular conclusion.
Will I receive a written report?
A written report is included where agreed as part of the instruction. The intended purpose, scope and appropriate recipient will be confirmed before work begins.
Discuss Your Assessment Requirements
If you need an independent Mental Capacity Assessment for yourself, a family member or someone you support professionally, please get in touch.
I welcome suitable enquiries from individuals, families, solicitors and other professionals.
Initial enquiries are free and without obligation.
Telephone: 07860 531920
Email: julia@sussexlpa.co.uk