GUIDES
Choose an assessor for the specific decision, the person’s needs and any form or court requirements. Social workers and doctors can each provide relevant evidence within their competence.
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
39 Essex Chambers, Mental Capacity Guidance Note: Carrying out and recording capacity assessments.
Copywright © 2026 Nellie Supports Ltd. All rights reserved.
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.
Choose the assessor for the decision, the evidence required and any form or court requirements.
Choose the assessor for the decision, the evidence required and any form or court requirements. Social workers and doctors can both provide relevant capacity evidence within their competence. Diagnostic questions, communication needs and the purpose of the report may make one professional, or a combination, appropriate.
A social worker may bring relevant experience of decision-making in daily life, social circumstances, care and the Mental Capacity Act. A doctor may be needed to investigate diagnosis, acute illness or other medical questions. Neither profession automatically produces stronger evidence: ask about the named practitioner’s experience, method and reasoning for this instruction.
COP3 and PA14 have their own completion guidance and professional categories. Read the current form rather than assuming any person who assesses capacity can sign every certificate. A report that accompanies a prescribed form does not automatically replace it. Tell the provider which document the court, solicitor or other body requires.
Ordinary testamentary capacity is assessed against the common-law Banks v Goodfellow test. The Golden Rule recommends the involvement of a medical practitioner in relevant circumstances; useful evidence from another competent professional is a different question from following that recommendation. Ask the will-drafting solicitor what evidence and execution arrangements are appropriate.
A person may need medical evidence about an acute or fluctuating condition and an assessment of their ability to make a specific decision with support. Clearly separate the questions and responsibilities. Do not treat a diagnosis as proof of incapacity or require an additional discipline where it adds no material evidence.
Check professional registration, relevant experience, communication support, access to records, conflicts, report contents and follow-up. In England verify social workers through Social Work England and doctors through the GMC. For work in Wales check the applicable professional requirements. Ask how clinical uncertainty or missing evidence will be addressed.
Specify the decision, date, purpose, relevant documents, adjustments, required form, deadline and fee. Many everyday capacity decisions do not need a privately commissioned specialist report. Urgent clinical care should be addressed through the treating team, not delayed while arranging private evidence.
Choose the assessor for the decision, the evidence required and any form or court requirements. Social workers and doctors can both provide relevant capacity evidence within their competence. Diagnostic questions, communication needs and the purpose of the report may make one professional, or a combination, appropriate.
Yes, within their competence and the requirements of the particular task. Formal forms and specialist legal questions may have additional requirements.
No. The appropriate assessor depends on the decision and evidence needed. Medical input is important where diagnosis or clinical assessment is required.
A social worker may provide useful testamentary-capacity evidence within their competence, but that is distinct from following the Golden Rule’s recommendation for a medical practitioner’s involvement. Ask the will-drafting solicitor what examination, witnessing and recording arrangements are appropriate. Neither compliance nor non-compliance alone decides a will’s validity.
The related pages below explain connected decisions, evidence requirements and legal processes.
Before seeking a report, write down the exact decision, relevant date, reason for concern and intended use. Gather the documents that explain the real options and any communication needs. Check any required form or court direction, agree the scope and total fee, and clarify how missing evidence or further questions will be handled.
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.