Mental Capacity

Some people know exactly what they want to say but cannot retrieve the words. Others may speak fluently, but the words they produce do not accurately reflect what they intended to communicate. Some understand everyday conversation but struggle when information becomes abstract, unfamiliar or legally complex. Importantly, these communication difficulties do not, by themselves, establish that the person lacks capacity to make a particular decision.

Capacity assessments are often viewed as formal processes designed to determine whether an individual can make a particular decision. Whilst the Mental Capacity Act 2005 provides a clear legal framework for assessing capacity, there remains considerable discussion about how assessments should be conducted in practice.

Recent research into the Testamentary Capacity Assessment Tool highlights why good will-making capacity assessments should be structured, evidence-led and focused on more than memory alone. This article explores what TCAT research tells us about dementia, reasoning, judgement and robust testamentary capacity assessments.

Capacity assessments must consider more than generic information. This Court of Protection judgment shows why assessors must identify the real-world consequences of a decision, including risks to care, treatment, accommodation and family advocacy. It is a reminder that expert evidence must answer the correct legal question, not just describe clinical presentation.

Mental capacity is decision-specific. A person may be able to make one decision, such as making a will, but not another, such as appointing an attorney or managing complex finances. A proper assessment focuses on the exact decision, the relevant information and whether the person can understand, retain, use or weigh that information. This protects autonomy while ensuring decisions are made lawfully and safely.

On 2 June 2026, the Challenging Behaviour Foundation published its response to the Supreme Court judgment on deprivation of liberty. For social workers, this is not a remote legal issue. It goes directly to how we understand liberty, consent, restriction, safeguarding and human rights in the lives of disabled people. The judgment concerns a Supreme Court reference brought by the Attorney General for Northern Ireland about deprivation of liberty, mental capacity and whether a

A mental capacity assessment does not always have to be completed by a doctor. This guide explains who can assess capacity, why the Mental Capacity Act test is functional and decision-specific, and when a social worker or specialist assessor may be better suited.

Mental Capacity Assessments are a cornerstone of ethical and lawful decision-making in health and social care. They are designed to empower individuals to make their own decisions wherever possible. However, when working with people who have experienced trauma, particularly survivors of abuse or long-term mental health challenges, the way we communicate during an assessment becomes just as important as the assessment itself. A trauma-informed approach ensures that we do not u

birthdays, weddings, religious celebrations, anniversaries, charitable donations, inheritance planning, property transfers, financial support for family members, and sentimental gifts made during a person’s lifetime. Sometimes the gift is small and familiar.

Louise is a qualified and registered Social Worker with a master’s degree in international human rights. Louise has worked with adults and older people since 2002 in varied social care roles including as a university lecturer program lead. Louise currently supports students from Oxford Brookes university as a practice educator. Louise is an emphatic but professional and will strive to achieve the very best for all stakeholders.

Balancing robust capacity assessments with person-centred practice is one of the most important challenges in mental capacity work. This blog explores how legally defensible assessments can still remain ethical, relational and supportive, particularly when a person becomes distressed or overwhelmed during the assessment process.