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GUIDES & INSIGHTS

Who can complete a mental capacity assessment?

For everyday decisions, the person helping or proposing to act may need to consider capacity. Complex or disputed questions may require specialist evidence.

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Everyday decisions and specialist evidence

Capacity assessment is not reserved to doctors in England and Wales. The person helping with a decision or proposing to act may need to consider capacity, with appropriate support. The level of assessment and recording should be proportionate. A complex, disputed or court-related question may need a suitably experienced professional and input from other disciplines.

Choose expertise for the actual question

Identify the decision, why the evidence is needed and what expertise is required. A diagnosis does not establish incapacity, and a paid report is not necessary for every everyday decision. The fuller explanation is “Who Can Complete a Mental Capacity Assessment?”: https://www.nelliesupports.com/post/who-can-complete-a-mental-capacity-assessment

Primary sources and official guidance

Mental Capacity Act 2005

Mental Capacity Act Code of Practice

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