What exactly is being assessed?
One named decision, at one point in time — whether the person can understand the relevant information, retain it long enough to decide, weigh it up, and communicate their choice.
Capacity is not a global status. Someone can have capacity for one decision and not another on the same afternoon, which is why the decision must be specified before booking.
My relative is making a terrible decision. Does that show they lack capacity?
No, and this is the most important thing on the page. The Mental Capacity Act is explicit: an unwise decision is not an incapable one.
People are entitled to make choices their families find alarming — about money, about where they live, about risk. The assessment examines how the decision is being made, not whether it is the choice you would make.
What if you find they do have capacity?
The report says so, and the fee applies exactly as it would either way. We assess the person, not the request — a service that produced whichever finding the referrer wanted would be worthless to everyone, including in court.
Can you assess capacity to make a will?
No — testamentary capacity is a different legal test (the Banks v Goodfellow criteria, not the Mental Capacity Act) and these assessments are the ones most often challenged after death.
That needs a solicitor-instructed specialist assessor, usually in person. We will tell you this rather than take the booking.
Can you certify a Lasting Power of Attorney?
Not remotely. LPA certificate provision requires the certificate provider to discuss the LPA with the donor in private and be satisfied they understand it, and it is deliberately held to a high standard because it is scrutinised later.
Use a solicitor or an in-person assessor. A certificate later found inadequate can invalidate the whole instrument, long after the person can no longer make another.
Can you do a Mental Health Act or DoLS assessment?
No. Those require a Section 12 approved clinician and, for DoLS, a Best Interests Assessor appointed by the supervisory body. Neither can be done privately by video.
Does the person have to consent to being assessed?
They should be asked, and told what it is for and who will see the report. Assessing someone who is actively refusing is rarely appropriate or useful.
Where they cannot consent, the assessment can still proceed if it is in their best interests — which it usually is, since the alternative is a decision made about them with no evidence at all.
Can family be present?
Yes, for support — but part of the assessment is usually conducted with the person alone where it is safe and practicable. A relative answering on the person's behalf, however well meant, makes the assessment impossible.
What if my relative cannot manage a video call?
Then remote assessment is the wrong route and we will say so. Significant hearing or visual impairment, marked agitation, or advanced illness all make a video assessment unreliable.
A report built on an assessment that did not work properly is worse than no report, because decisions get taken on it. In-person assessment through the person's GP, the memory service, or a solicitor-instructed assessor is the right answer.
How long does the report stay valid?
There is no fixed period, and capacity fluctuates. Delirium, infection, a medication change or progressive illness can all shift it within days.
Treat it as a finding about that decision at that time. For a decision being taken now, a months-old report may reasonably be questioned by a solicitor or local authority.
What happens if capacity is absent?
The decision is then made in the person's best interests under the Act — weighing their past and present wishes, beliefs and values, and consulting those close to them. A registered attorney or court-appointed deputy may already hold authority; contested decisions go to the Court of Protection.
Will the report be accepted by a solicitor or local authority?
It sets out the statutory test, the evidence and the reasoning, which is what makes any capacity report usable — but the body relying on it decides that.
Where an instructing party has specified an in-person assessment or a particular type of assessor, follow that, and check before booking rather than after.