Key factors in mental capacity assessments

01Start with the particular decision

In England and Wales, the Mental Capacity Act 2005 requires capacity to be considered for a particular decision at the relevant time. Start with a presumption of capacity and take all practicable steps to support decision-making. A diagnosis, an unusual choice or disagreement with family members does not, by itself, establish incapacity.

02Explain the evidence and reasoning

Identify the relevant information and whether the person can understand, retain, use or weigh it and communicate a decision. Any inability must be caused by an impairment of, or disturbance in, the functioning of the mind or brain. Record the support offered, the person’s responses, the reasoning and any limits in the evidence. Source: Mental Capacity Act Code of Practice, https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice

03Primary sources and official guidance

Mental Capacity Act 2005

Mental Capacity Act Code of Practice