# Why Capacity Is Always Decision-Specific (And Why That Matters)| Nellie Supports Ltd Source: https://www.nelliesupports.com/post/why-capacity-is-always-decision-specific-and-why-that-matters Canonical: https://www.nelliesupports.com/post/why-capacity-is-always-decision-specific-and-why-that-matters Published: 2026-06-04T12:02:30Z Updated: 2026-06-04T12:02:30Z # Why Capacity Is Always Decision-Specific (And Why That Matters) As a mental capacity assessor, I am often asked why multiple assessments are needed for the same individual. From the outside, it can seem repetitive, even unnecessary. However, one of the most fundamental principles of capacity is that it is decision-specific. This means that a person may have the capacity to make some decisions, but not others. - [All Posts](https://www.nelliesupports.com/blog) - [Mental Capacity](https://www.nelliesupports.com/blog/categories/mental-capacity) - [Social Care](https://www.nelliesupports.com/blog/categories/social-care) - [Nellie+ Conference](https://www.nelliesupports.com/blog/categories/nellie-conference) - [Appeals](https://www.nelliesupports.com/blog/categories/appeals) - [Life Expectancy Reports](https://www.nelliesupports.com/blog/categories/life-expectancy-reports) - [Court of protection](https://www.nelliesupports.com/blog/categories/court-of-protection) - [EHCP](https://www.nelliesupports.com/blog/categories/ehcp) - [CHC](https://www.nelliesupports.com/blog/categories/chc) - [Nellie Supports](https://www.nelliesupports.com/blog/categories/nellie-supports) - [The Nellie Standard](https://www.nelliesupports.com/blog/categories/the-nellie-standard) As a [mental capacity assessor](https://www.nelliesupports.com/services/mental-capacity-assessments), I am often asked why multiple assessments are needed for the same individual. From the outside, it can seem repetitive, even unnecessary. However, one of the most fundamental principles of capacity is that it is decision-specific. This means that a person may have the capacity to make some decisions, but not others. For example, an individual may be able to decide what to wear, what to eat, or where to live. At the same time, they may lack the capacity to make more complex decisions, such as investing money, purchasing property, or taking out a loan. These are not contradictions, they reflect the reality that different decisions require different levels of understanding and reasoning. ## The Legal Framework Behind Capacity For assessments under the Mental Capacity Act 2005 in England and Wales, the key principles include: The presumption of capacity, meaning every adult is assumed to have capacity unless proven otherwise. The requirement to take all practicable steps to support an individual in making their own decision before concluding they lack capacity. The recognition that individuals are entitled to make unwise decisions. A poor decision does not, in itself, indicate a lack of capacity. The requirement that any inability to make a decision must be caused by an impairment or disturbance in the functioning of the mind or brain. This impairment may be evidenced through a formal diagnosis, clinical findings or other observable indicators of cognitive disturbance. ## The Functional Test: The Core of Every Assessment Most capacity assessments are structured around the functional test set out in the [Mental Capacity Act 2005](https://www.nelliesupports.com/guides/mental-capacity-act-2005). This requires us to consider whether a person can: Understand the information relevant to the decision. Retain that information long enough to make the decision. Use or weigh that information as part of the decision-making process. Communicate their decision by any means. The functional abilities remain the same under the MCA, while the relevant information changes with the decision. Other legal questions, including a person’s capacity to make their own will, require the appropriate common-law framework. ## What Counts as “Relevant Information”? Relevant information is not generic, it is tailored to the specific decision being assessed. In [litigation capacity assessments](https://www.nelliesupports.com/services/mental-capacity-assessments/capacity-to-conduct-proceedings), for example, relevant information may include: - How the case is being funded. - The risks of losing, including potential costs. - The nature of the claim. - The decisions that may arise throughout proceedings. These points are often drawn from formal guidance, such as a certificate of capacity to conduct proceedings. However, how this information is explored depends entirely on the individual. Questions might include: - “What are you asking the court to decide for you?” - “What does no win, no fee mean?” - “What could happen if the case is unsuccessful?” These are not fixed scripts and every assessment is person-specific, requiring the assessor to adapt language, pace and questioning in real time to ensure the individual is supported to demonstrate their ability. ## Why one conclusion does not answer every question I was once asked to complete a [testamentary capacity assessment](https://www.nelliesupports.com/services/mental-capacity-assessments/testamentary-capacity-assessment) to consider whether an individual could make a will. The common-law test in [Banks v Goodfellow](https://www.nelliesupports.com/guides/banks-v-goodfellow-testamentary-capacity) is distinct from the MCA functional test. This requires that the individual understands: The nature of making a will. The effects of making a will. The extent of their estate. The claims of potential beneficiaries. The test also requires that no disorder of mind or delusion influences the disposition in the way described in Banks v Goodfellow. Following the assessment, I was satisfied that the individual had the capacity to proceed and the will was signed. However, immediately afterwards, I was asked to sign additional documents confirming that the same individual had capacity to: - Add a personal assistant as a cardholder on their bank account. - Appoint a Lasting Power of Attorney for property and finances. This is where the principle of decision-specific capacity becomes critical. ## Why Capacity Does Not “Carry Over” Making an LPA is a different decision from making a will. Neither test establishes a universal hierarchy of complexity: the relevant information depends on the actual instrument and circumstances. For an LPA, the person needs an appropriate understanding of matters including: - The legal effect of the LPA. - Who the attorneys are. - The scope of their powers and any restrictions. - When those powers can be used. - The range of assets they may control. - The ability to revoke the LPA while capacitous. - The risks and benefits of creating, or not creating, the LPA. There can be overlapping information about family and finances, but capacity to make a will does not automatically establish [capacity to grant a Lasting Power of Attorney](https://www.nelliesupports.com/services/mental-capacity-assessments/capacity-to-grant-lasting-power-of-attorney). Each conclusion needs its own decision-specific evidence. That may sometimes be gathered in one appointment and report; separate decisions do not automatically require separate visits or duplicate fees. ## Why This Can Feel Frustrating For individuals and families, questions about more than one decision can feel repetitive. Explain why the additional evidence is needed, use relevant information already available and keep the work proportionate. A thorough, decision-specific assessment protects the individual at the centre of the decision, their family and support network and the professionals involved. Most importantly, it ensures that decisions are made lawfully, safely and in the person’s best interests where required. ## When Things Go Wrong In The Public Guardian v RI & Others [2022] EWCOP 22, the court considered whether RD had capacity when executing an LPA in 2009. After examining the historical evidence, it found on the balance of probabilities that he had lacked that capacity and directed cancellation of registration. The judgment expressly recorded no suggestion of fraud, misconduct or undue influence by the attorneys. It illustrates why the particular decision, date and evidence matter, rather than establishing that diagnosis determines capacity. Source: https://caselaw.nationalarchives.gov.uk/ewcop/2022/22 This is also why capacity evidence can be so important in [Court of Protection](https://www.nelliesupports.com/services/court-of-protection) matters, particularly where there are disputes, safeguarding concerns, deputyship issues or questions about whether a previous legal document should be relied upon. ## Final Thoughts Capacity assessments are not about restricting autonomy, they are about protecting it. By recognising that capacity is decision-specific, we ensure that individuals are supported to make their own decisions wherever possible, while also safeguarding them where they cannot. It may require further work, but the aim is a supported, proportionate assessment of each actual decision. One conclusion should not simply be carried over to another legal question. Genevieve Walls Tags: - [Mental Capacity](https://www.nelliesupports.com/blog/tags/mental-capacity-1) ## Recent Posts ## Primary sources and official guidance [Mental Capacity Act 2005](https://www.legislation.gov.uk/ukpga/2005/9/contents) [Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice) ## Related information - [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa) - [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare) - [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application) --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ