Can I ask what the fee excludes?

Yes. Clarify travel, VAT, urgency, extra records, further visits, clarification and hearing attendance before agreeing the instruction.

Should I commission the most expensive report?

Choose the scope justified by the decision and evidence. A higher fee is not a guarantee of a particular conclusion or outcome.

Six checks before choosing a mental capacity assessor

Author and Publication

Author: Nellie Supports Ltd

Publication Date: 15/05/2026

Citation

39 Essex Chambers, Mental Capacity Guidance Note: Carrying out and recording capacity assessments.

Copywright

This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.

This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.

Abstract

Before booking, establish the exact decision and why formal evidence is needed.

All Guides

Whats on this page

Relevant Articles News Articles Support Services

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.

1. Relevant competence

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.

2. The correct test and document

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.

3. Support for the person

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.

4. Evidence and independence

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.

5. Report and follow-up

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.

6. Price and timing

Request a written fee or estimate showing VAT, travel, records review, urgency and follow-up costs. Distinguish the appointment date from report delivery. Nellie’s published standard MCA report timescale is five working days from the visit; confirm the actual instruction and any dependency on further evidence. Compare like-for-like services using the current prices page.

Key takeaway

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.

Key takeaway

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.

Key takeaway

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.

Frequently asked questions

What is the first question to ask a provider?

Ask whether they can assess the particular decision for the intended use, and who would do the work.

Should I choose only from online reviews?

No. Reviews may help you understand communication and experience, but do not prove competence for a particular legal or professional instruction.

Is an associate assessor less independent?

Not automatically. Examine the actual instruction, conflicts, supervision, review and professional accountability rather than assuming quality from employment status.