Mental capacity—assessments and tests

Published by a ��˾��ҹ�� Private Client expert

Practice notes

Mental capacity—assessments and tests

Published by a ��˾��ҹ�� Private Client expert

Practice notes

Solicitors are not expected to be able to make a clinical diagnosis of a person's mental state but there are a number of tests and assessments that they need to understand. Knowing a little of the clinical tests can assist in everyday situations.

In considering assessments and tests in respect of those who may not have capacity there are two essential sources of information:

•
the Mental Capacity act 2005 (MCA 2005)
•
the Mental Capacity Act 2005 code of practice (the Code)

When to assess

A person's capacity should be assessed whenever it is in doubt. The Code assists in indicating non-exhaustive instances where concern as to capacity may be expressed, such as where:

•
the person’s behaviour or circumstances cause doubt as to whether they have capacity to make a decision
•
somebody else says they are concerned about the person’s capacity
•
the person has previously been diagnosed with an impairment or disturbance that affects the way their mind or brain works and it has already been shown they lack capacity to make other decisions

Jurisdiction(s):

United Kingdom

Key definition:

Solicitor definition

What does Solicitor mean?

A lawyer who is regulated by the Solicitors Regulation Authority.

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