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GUIDES & INSIGHTS

Who can assess mental capacity?

Relevant knowledge and experience matter more than job title alone when choosing someone to assess a particular decision.

On this page3 sections

Relevant experience matters

A suitably experienced social worker, doctor or other professional may assess mental capacity, depending on the particular decision and the purpose of the evidence. The person should understand the relevant legal framework, support the individual’s participation, explain their methods and identify any limits in their expertise.

Read the full assessor guide

For the England and Wales framework, the functional test and appropriate assessors for COP3 evidence, read “Who Can Complete a Mental Capacity Assessment?”: https://www.nelliesupports.com/post/who-can-complete-a-mental-capacity-assessment. A particular court or legal instruction may require additional expertise or evidence.

Primary sources and official guidance

Mental Capacity Act 2005

Mental Capacity Act Code of Practice

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