GUIDES
Before choosing a provider, identify the decision and intended use of the evidence. Then check relevant competence, the legal test and document, support, independence, report and follow-up arrangements, and the full price and timing.
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
39 Essex Chambers, Mental Capacity Guidance Note: Carrying out and recording capacity assessments.
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Before choosing a provider, identify the decision and intended use of the evidence. Then check relevant competence, the legal test and document, support, independence, report and follow-up arrangements, and the full price and timing. This guide covers the relevant evidence, support, process and limits in England and Wales.
Before booking, establish the exact decision and why formal evidence is needed. Then check six things: relevant competence, the legal test and required form, communication support, evidence and independence, the report and follow-up, and the full price and timing. Ask for answers that relate to your instruction.
Ask who will carry out the assessment and what experience they have of this decision and intended use. Check the relevant professional register where applicable, such as Social Work England, Social Care Wales, GMC, HCPC or NMC. Registration is important for regulated professional work but does not itself demonstrate specialist expertise in every type of capacity question.
Explain whether the instruction concerns an LPA, a will, litigation, property, welfare or a Court of Protection application. These can involve different legal questions and forms. Ask the provider to identify the test and deliverable. CPR Part 35 concerns civil expert evidence; Court of Protection and family proceedings have their own rules.
Ask about language, hearing, vision, easy-read material, interpreters, communication aids, fatigue, distress and fluctuation. Discuss whether a supporter should attend and how privacy and possible pressure will be managed. The method should fit the person; remote or face-to-face assessment is not automatically valid or invalid by its format alone.
Ask which records are needed and why, what happens if information is missing, and how different accounts will be considered. The assessor should disclose and manage relevant conflicts and retain independence of opinion even when a family member or solicitor pays. An external appointment does not remove every possible conflict.
The report should identify the decision, relevant information, support, evidence, reasoning, conclusion and limitations. Ask what quality review applies and whether corrections, clarification, court questions or attendance are included. A short sample structure can help you understand the deliverable without requiring disclosure of another person’s report.
Request a written fee or estimate showing VAT, travel, records review, urgency and follow-up. Distinguish the assessment date from report delivery and agree any dependency on further evidence or meetings. Compare current prices for the same decisions and deliverables rather than assume one published turnaround applies to every service.
Before booking, establish the exact decision and why formal evidence is needed. Then check six things: relevant competence, the legal test and required form, communication support, evidence and independence, the report and follow-up, and the full price and timing. Ask for answers that relate to your instruction.
Ask whether they can assess the particular decision for the intended use, and who would do the work.
No. Reviews may help you understand communication and experience, but do not prove competence for a particular legal or professional instruction.
Not automatically. Examine the actual instruction, conflicts, supervision, review and professional accountability rather than assuming quality from employment status.
The related guides below provide further explanation of the decisions, evidence and legal processes discussed here.
Request a written scope naming the assessor, decision, report or form, evidence review, fee and delivery arrangements. Ask what happens if the evidence is incomplete or the report needs clarification.
A GOOD PLACE TO START
Tell us what is happening and what you need help with. We will listen, explain the options and help you find the right starting point.