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Advanced Mental Capacity Assessments – Robust, Evidence-Based & Legally Compliant

At Nellie Supports, we understand that some cases need more than a standard capacity assessment. When there are disputes over high-value estates, concerns about undue influence, or safeguarding issues that require deeper investigation, families and professionals need evidence that is both clinically robust and legally reliable.

Our Advanced Mental Capacity Assessment (AMCA) is designed for exactly these situations. Using the Mental Capacity Act 2005 framework, supported by leading case law, we go beyond the basics — combining expert clinical interviewing with carefully selected psychometric tools to provide the fullest picture of decision-making ability.

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What is an Advanced Mental Capacity Assessment?

An Advanced Mental Capacity Assessment (AMCA) is a specialist service for situations where a standard assessment simply isn’t enough. These are the cases that often carry high stakes — such as disputes over large estates, contested family matters, or safeguarding concerns where there may be suspicion of undue influence or exploitation.

Unlike a routine assessment, the AMCA looks beyond whether someone can understand and weigh up a decision in the moment. It explores the wider picture — the cognitive, emotional, and environmental factors that may affect a person’s ability to decide freely and safely. This includes memory and executive functioning, the impact of trauma or anxiety, and whether someone may be unusually vulnerable to pressure from others.

To achieve this, our assessors combine the Mental Capacity Act 2005 framework with carefully selected psychometric tests. These tools are chosen specifically for the decision in question, helping us to provide a more rounded and transparent picture of capacity.

The outcome is a CPR Part 35–compliant report — a standard trusted by courts, solicitors, and safeguarding teams. Alongside the legal and clinical detail, we also include a plain-English summary that clearly explains the evidence in accessible terms.

In short, the AMCA is about more than simply answering “does this person have capacity?” It shows why the person came to their decision, and whether external pressures or clinical issues may be influencing their ability to decide.

Why Might Someone Need an Advanced Mental Capacity Assessment?

Most capacity assessments are straightforward — but some decisions carry risks, conflicts, or complexities that demand deeper evidence. This is where an Advanced Mental Capacity Assessment (AMCA) becomes invaluable.

You might need an AMCA if:

  • The stakes are high. Large estates, property portfolios, or life-changing financial arrangements often require evidence that can withstand the closest legal scrutiny.

  • There are disputes or challenges. Family disagreements about wills, gifts, or financial choices are far more likely to end up in court without robust, independent evidence.

  • Safeguarding concerns arise. Where there are worries about undue influence, coercion, or vulnerability, the AMCA provides structured, measurable evidence of whether a person’s decision-making is truly their own.

  • Mental health or cognitive decline complicates the picture. Conditions such as dementia, acquired brain injury, or anxiety can all affect capacity in nuanced ways that require more than a standard interview.

  • Legal teams need confidence. Solicitors, deputies, and the Court of Protection often instruct AMCAs when the risk of challenge is significant and a CPR 35–compliant, psychometrically supported report is essential.

In short, the AMCA isn’t for every case — but where the outcome could have lasting financial, legal, or personal consequences, it provides gold-standard evidence that protects the individual, their family, and the professionals supporting them.

Happy couple standing on the beach, smiling with a sense of calm and reassurance — symbolising the confidence and peace of mind that advanced mental capacity assessments provide in complex or contested decisions.

When You Need an Advanced Mental Capacity Assessment

An AMCA is recommended when the standard assessment may not provide enough clarity or legal robustness. Typical scenarios include:

  • High-value estates or property matters, where decisions may later be contested.

  • Family disputes or inheritance claims, where questions of undue influence or vulnerability are raised.

  • Safeguarding investigations, when there are concerns about exploitation or coercion.

  • Court of Protection proceedings, requiring CPR 35–compliant expert evidence.

  • Complex health or financial decisions, involving overlapping psychological, cognitive, or behavioural concerns.

An AMCA ensures that capacity is not just assessed, but fully evidenced in a way that can stand up to legal scrutiny.

Who Commissions an AMCA?

Our AMCA service is usually instructed by:

  • Solicitors managing contested probate, trust disputes, or deputyship proceedings.

  • The Court of Protection when complex expert evidence is required.

  • Safeguarding teams or local authorities concerned about decision-making vulnerability.

  • Families seeking to protect a loved one’s wishes in sensitive, high-risk situations.

  • Where standard reports may leave room for challenge, an AMCA provides the level of detail solicitors, courts, and safeguarding professionals rely upon.

How Much Does an Advanced Mental Capacity Assessment Cost?

Our Advanced Mental Capacity Assessments start at £1,295 + VAT, reflecting the depth of expertise, psychometric profiling, and CPR Part 35–compliant reporting included.
 

This covers:
 

  • A detailed client interview and cognitive/psychological testing.

  • Review of relevant medical and background records.

  • A court-ready report with plain-English Psychometric Summary Appendix.

  • Consultation with solicitors to ensure the evidence aligns with case requirements.

Every assessment is bespoke. For complex instructions or multiple decisions, we provide a clear quote in advance so there are no hidden costs.

Happy older couple walking outdoors, symbolising independence, dignity, and informed decision-making supported by AMCA.

When, Who & How Much – Your Testamentary Capacity Questions Answered

We know that arranging a testamentary assessment can feel overwhelming, especially if you’re new to the process. To make things simpler, we’ve pulled together the three key things most people want to know straight away — when you’ll need a testamentary assessment, who can complete it, and what it costs.

What’s Involved in an Advanced Mental Capacity Assessment?

A Structured Path from First Call to Final Report

We know that arranging an Advanced Mental Capacity Assessment can feel daunting, especially if there are worries about someone’s memory, understanding, or ability to make important decisions. That’s why our process is simple, supportive, and always centred around the individual.

Step 1 – A Friendly Initial Call
We start with a gentle conversation to understand the person’s history, current concerns, and the decision that needs assessing. This helps us plan the assessment in a way that feels right for them.

Step 2 – Choosing the Right Tools
From over 100 psychometric tests, our assessors carefully select only the ones that are most relevant. These tests give us a fuller picture of how someone is thinking and processing information, without being overwhelming.

Step 3 – Psychometric Assessment Session
The person then completes these tests in a relaxed session — either via a secure video call or in person. We go at their pace, making sure they feel comfortable throughout.

Step 4 – Face-to-Face Capacity Assessment
We then visit the person at home (or another familiar setting) to carry out the Mental Capacity Assessment itself. This is a supportive conversation, focused on whether they can understand, retain, weigh up, and communicate information about the specific decision.

Step 5 – Clear, Court-Ready Report
Finally, we bring everything together in a clear report. It meets legal standards but is written in plain English, so families, solicitors, and the court can all follow the evidence with confidence.

Legal and Procedural Clarity

Every Advanced Mental Capacity Assessment we complete is carried out in strict accordance with the Mental Capacity Act 2005 (MCA 2005) and the principles set out in its Code of Practice. What makes an AMCA different is the level of scrutiny: we don’t just apply the functional test — we evidence the underlying why.

The MCA 2005 Functional Test

In line with statute and case law, our assessors consider whether the person can:

  • Understand the information relevant to the decision.

  • Retain that information long enough to decide.

  • Use or weigh the information as part of the process of deciding.

  • Communicate their decision by any means.

Why an AMCA Goes Further

In complex, high-value or disputed matters, this test alone may not be enough. That’s why we integrate psychometric evidence — tools such as the MoCA and specialist scales for vulnerability, decision-making, and emotional impact. This ensures our reports don’t just describe impairment but demonstrate the causal nexus between the impairment and the person’s ability to decide.

CPR Part 35 Compliance

All AMCA reports are written to the standard required of expert evidence under CPR Part 35. This means:

  • Reports are independent, neutral and transparent.

  • Opinions are backed by clinical data as well as professional judgment.

  • Findings are structured so they can withstand scrutiny in court.

Case Law Support

Our AMCA service is built on the foundations of established case law, ensuring every assessment is not only clinically rigorous but also legally

aligned.

 

The following cases illustrate the principles that guide our approach:

  • Masterman-Lister v Brutton & Co [2002] EWCA Civ 1889
    Established that capacity is issue-specific: a person must be able to conduct proceedings or make a decision with the support of legal and professional advice, not entirely unaided.

  • Dunhill v Burgin [2014] UKSC 18
    Confirmed that capacity must be assessed in relation to the decision as a whole, not just its individual parts. This principle underpins why we take a comprehensive, holistic approach in AMCA assessments.

  • A Local Authority v JB [2021] UKSC 52
    Reaffirmed that the functional test (understand, retain, use/weigh, communicate) must always be applied in a structured way, and that people should be supported to make decisions wherever possible.

  • Re B (A Patient) [2006] EWHC 1187 (Ch)
    Demonstrated the court’s willingness to intervene where a person lacks capacity to manage complex financial matters, highlighting the need for robust, independent evidence.

  • Banks v Goodfellow [1870] LR 5 QB 549 (where relevant)
    For testamentary decisions, we apply the only test recognised by the courts: the individual must understand the nature of making a will, the extent of their property, the claims of potential beneficiaries, and not be affected by a disorder that distorts judgment.

Why This Matters

By grounding our reports in these legal principles, we provide solicitors, families, and the courts with evidence that is both legally defensible and clinically transparent. Every AMCA we deliver stands up to scrutiny because it speaks directly to the standards set out in law — and, where applicable, applies the Banks v Goodfellow test to safeguard testamentary decisions.

Our Testamentary Capacity Assessment Options

We provide two levels of testamentary capacity assessments, depending on the complexity of the case and the level of scrutiny required:

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Mental Capacity Assessment

Advanced Mental Capacity Assessment

Our flagship one-visit service for straightforward, decision-specific matters such as routine wills, Lasting Powers of Attorney, property transactions or day-to-day health-and-welfare choices. A registered assessor applies the MCA 2005 two-stage test, adding a MoCA cognitive screen whenever helpful. You receive a clear, CPR 35-compliant report within 5–10 working days—fast, court-ready, and accepted by solicitors nationwide.



Our Mental Capacity Assessments start at just £496.00

Built on the same gold-standard foundations but engineered for higher-risk, contested or high-value scenarios—large estates, family conflict, suspected undue influence or rapid cognitive change. After a brief phone triage, we complete targeted psychometric tests at Visit 1 and the formal capacity interview at Visit 2. The result is a CPR 35-compliant report plus a plain-English Psychometric Summary that quantifies cognitive, emotional and vulnerability factors—extra armour when a decision may be challenged.

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Mental Capacity Assessment (MCA)
Advanced Mental Capacity Assessment (AMCA)
A flat, teal-coloured vector map outlines the geographical shape of England and Wales against a plain background. The design is minimal and modern, symbolising Nellie Supports’ ability to provide retrospective mental capacity assessments across all regions, including London, Manchester, Birmingham, Leeds, Cardiff, and surrounding areas.

Areas we cover

We provide Advanced Mental Capacity Assessments (AMCA) across England and Wales, either face-to-face in your home or via secure video link where appropriate. Our team regularly supports clients in London, Manchester, Birmingham, Leeds, Cardiff, and surrounding regions — as well as in rural and remote communities.

Because AMCA is often instructed in complex or high-value cases, we are experienced in working with solicitors, deputies, case managers, and families nationwide.

In addition to AMCA, we also provide a full range of related, decision-specific assessments, including:

Wherever you are, Nellie Supports delivers MCA 2005–compliant, CPR 35–compliant reports that give professionals and families complete confidence their evidence will withstand legal scrutiny.

Older woman smiling confidently, representing assurance and peace of mind after an Advanced Mental Capacity Assessment

Case Study: Using AMCA in a Contested Will Dispute

When Mrs H’s solicitor contacted us, she was preparing a new will involving a substantial estate valued at over £4 million. Mrs H wished to exclude one of her adult sons, citing long-standing estrangement, and there was a strong likelihood the will would be contested after her death.

The solicitor recognised that a standard testamentary capacity assessment might not withstand the inevitable legal challenge, so they instructed an Advanced Mental Capacity Assessment (AMCA) to ensure the evidence was both clinically rigorous and legally watertight.

We began with a detailed history call, reviewing Mrs H’s medical background, family dynamics, and previous will-making. This allowed us to identify the key risks — including allegations of undue influence, the emotional weight of excluding a child, and the need to demonstrate robust cognitive reasoning.

At the first structured visit, Mrs H completed a carefully selected battery of psychometric tests, including:

  • A Montreal Cognitive Assessment (MoCA) to measure memory, orientation, and executive function.

  • A general anxiety assessment, recognising the stress of estate planning and the potential impact on her reasoning.

  • A grief and bereavement scale, in light of a close friend’s recent death, to ensure her decision-making was not unduly affected by acute emotional distress.

A second, face-to-face interview followed under the Banks v Goodfellow test — evidencing her understanding of:

  • the nature of making a will,

  • the extent of her property,

  • the claims of those who might expect to benefit, and

  • the impact of excluding her son.

Our CPR Part 35–compliant report provided both a narrative clinical opinion and a plain-English appendix summarising the psychometric data. It confirmed that Mrs H retained full testamentary capacity, had carefully considered her reasons for exclusion, and was not acting under influence.

For the solicitor, this report offered challenge-resistant protection of their client’s wishes. For Mrs H, it gave reassurance that her estate planning would stand the test of time, honouring her autonomy while protecting her loved ones from future disputes.

Why Choose Nellie Supports?


Choosing the right professionals to assess mental capacity is vital. At Nellie Supports, we combine expertise, empathy, and efficiency to make the process as smooth as possible. Our multidisciplinary team includes registered social workers, nurses, and specialists who bring decades of combined experience in capacity law and practice. Every assessment is conducted with compassion and clarity, always tailored to the person’s unique circumstances.

Experience peace of mind with our comprehensive social work services at Nellie Supports. Our team of registered and experienced professionals is dedicated to providing exceptional care and support. From mental capacity assessments to a wide range of social work services—such as EHCP appeals, life expectancy reports, and ongoing consultancy—our experts ensure accurate evaluations, personalised guidance, and the highest standards of practice.

We understand how important these decisions are, whether you’re planning for the future or responding to urgent legal requirements. That’s why our reports are consistently prepared to the highest standards, fully compliant with the Mental Capacity Act 2005, and accepted by courts and solicitors across England and Wales.

With a 4.9-star rating from clients nationwide, prompt response times, and a commitment to clear communication at every step, Nellie Supports is trusted by families, deputies, and professionals alike.

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