Advanced Mental Capacity Assessments – Robust, Evidence-Based & Legally Compliant
Advanced Mental Capacity Assessments – Robust, Evidence-Based & Legally Compliant
When standard assessments aren’t enough, you need something stronger — one that withstands challenge in high-value, contested, or safeguarding cases.
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What is an Advanced Mental Capacity Assessment?
An Advanced Mental Capacity Assessment (AMCA) is a specialist service reserved for complex or high-stakes cases where a standard capacity assessment would not sufficiently address the risks or scrutiny involved.
Where a routine assessment simply checks whether someone can understand, retain, weigh and communicate information, an AMCA goes deeper. It uses psychometric tools, in-depth clinical interviewing, and contextual scrutiny to explore:
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Cognitive domains (e.g. memory, executive function, attention)
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Emotional or psychological influences (stress, anxiety, trauma)
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Vulnerability to undue influence or pressure
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Whether decision-making is truly voluntary, uncoerced, and adequately reasoned
The result is a CPR Part 35–compliant expert report, plus a Plain-English Psychometric Summary Appendix, giving solicitors, courts and families both narrative and empirical evidence.
In short: AMCA doesn’t just answer “Does this person have capacity?” — it shows why, how, and whether external pressures or internal factors could be distorting that capacity.
Why Use 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:
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The stakes are high. Large estates, property portfolios, or life-changing financial arrangements often require evidence that can withstand the closest legal scrutiny.
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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.
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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.
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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.
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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.
When You Need It, Who Can Do It, and What It Costs
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When Do You Need a Property Capacity Assessment?
You should consider one when:
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A solicitor, bank or conveyancer requires proof before proceeding with a property transaction.
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Questions arise that the person truly understands the financial and long-term consequences of the deal.
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Gifting or transferring property is part of estate planning and concerns are raised.
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There is disagreement in the family about whether someone can validly consent.
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There is risk of undue influence or financial exploitation.
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Who Can Conduct the Assessment?
The assessment must be done by a suitably qualified professional — for example:
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A doctor (GP, psychiatrist, consultant)
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A registered Social Worker
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A health or social care professional trained in mental capacity law
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A Psychologist
At Nellie Supports, all our assessors are MCA-trained and experienced in property decision assessments. Where appropriate, we use validated cognitive tools (like MoCA) to strengthen evidence, and we always establish a clear causal nexus.
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Cost / Pricing
A decision-specific property capacity assessment (for buying, selling or transferring) is priced at £496.00 (exclusive of VAT and assessor travel).
This includes:
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A face-to-face assessment (or suitable alternative)
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A full, MCA 2005–compliant written report
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CPR Part 35–format writing, suitable for legal proceedings
You will always receive a written fee confirmation before we proceed.
At Nellie Supports, your assessor is not working in isolation — they are part of a dedicated, full-time team with years of combined experience in mental capacity law. That means your report benefits from professional peer review, expert guidance, and the assurance that we’ll be here to support you for the long haul.
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Where do we cover?
We provide property capacity assessments across England and Wales. Our multidisciplinary team is fully employed by Nellie Supports, which means you’re working with professionals who do this full time, every day. This not only gives you the benefit of exceptional experience, but also reduces delays — ensuring your assessment is completed promptly and to the highest standard.
When You Need It, Who Can Do It, and What It Costs
Our assessors are full-time, multidisciplinary professionals with backgrounds in social work, psychology, and mental health law. Every advanced assessment benefits from combined legal, clinical, and cognitive expertise.
We use industry-recognised instruments to objectively evaluate cognition, decision-making, vulnerability, and emotional influence. Each tool is selected for its relevance to the individual decision and interpreted by trained professionals.
Whether the concern is undue influence, fluctuating capacity, or competing professional opinions, we provide cohesive analysis that brings medical, psychological, and contextual evidence together in one coherent report.
You’ll receive a clear written quote before work begins, detailing every element of the assessment process - no hidden costs, no surprises.
Our advanced assessments are regularly commissioned in high-value estate disputes, Court of Protection proceedings, and safeguarding investigations, where accuracy and credibility are paramount.
Our Process – Step by Step
Initial Triage & Planning
We start with an information-gathering call to understand the case, identify the decision under scrutiny, and plan the psychometric battery.
Psychometric Testing Session
Using selected and validated cognitive, decision-making, vulnerability, and emotional tools, we collect objective data relevant to the decision — either in person at your home or securely via video link, depending on what’s most suitable for the individual.
Decision Specific Capacity Assessment
The assessor meets the person (in a comfortable, private setting) to apply the MCA functional test within the context of the decision, and explore how psychometric findings map onto real-world decision-making.
Integration & Report Writing
Findings from testing, interviews, records and collateral information are integrated in a structured, neutral report. The psychometric results are clearly explained in plain English, and the causal link (nexus) between impairment and decision-making is drawn.
Peer Review & Delivery
The draft report is peer-reviewed internally (by other senior assessors), then finalised and delivered, together with the psychometric summary. We can also discuss the findings with solicitors or the court if needed.
What’s Involved in an Advanced Mental Capacity Assessment?
Trusted by Professionals and Families Alike
At Nellie Supports, our Advanced Mental Capacity Assessments are built on integrity, transparency, and care. Every assessment is carried out by qualified professionals who understand the legal and emotional weight of the decisions being made.
We’re trusted by solicitors, case managers, and families across the UK to provide impartial, court-ready assessments that combine clinical depth with empathy. Whether the situation involves complex property decisions, medical consent, or financial management, our focus is always the same - delivering fair, evidence-based conclusions that everyone can rely on.
Our reputation has been earned through consistency: clear communication, accurate reporting, and a commitment to treating every person with dignity and respect. When you choose Nellie Supports, you can trust that our assessments are both legally robust and genuinely human.
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:
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Understand the information relevant to the decision.
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Retain that information long enough to decide.
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Use or weigh the information as part of the process of deciding.
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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:
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Reports are independent, neutral and transparent.
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Opinions are backed by clinical data as well as professional judgment.
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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:
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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.
Case Study: Using AMCA in a Contested Will Dispute
Case Study: Advanced Assessment in a Contested Will Dispute
When Mrs T’s solicitor became concerned about potential undue influence in a high-value estate case, a standard capacity assessment was not enough. Mrs T, an elderly client with early-stage dementia, had recently made significant changes to her will — removing long-standing beneficiaries in favour of a new acquaintance. The solicitor needed clear, defensible evidence that could withstand court scrutiny and protect Mrs T’s best interests.
How Nellie Supports Helped
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The solicitor contacted Nellie Supports, and our specialist assessment coordinator arranged an initial consultation the same day.
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After reviewing the details, we recommended an Advanced Mental Capacity Assessment (AMCA) to explore Mrs T’s cognitive functioning, reasoning, and potential vulnerability to influence.
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The process included two parts:
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Psychometric testing, using validated tools to measure memory, executive function, and decision-making ability.
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A detailed, decision-specific interview, assessing how Mrs T understood, retained, and weighed the information relevant to her will changes.
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The results were combined into a CPR Part 35–compliant expert report, with a clear Plain-English Psychometric Summary and full legal analysis.
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The report was peer-reviewed internally by our multidisciplinary team and delivered within ten working days.
The Outcome
The AMCA established that while Mrs T could understand the basic nature of her will, her reasoning was impaired by cognitive decline and increased susceptibility to undue influence. The solicitor used the findings to seek additional legal protection for Mrs T, ensuring her estate and wishes were safeguarded against dispute.
Key Takeaway
When the decision in question carries serious legal or financial consequences, a standard capacity assessment may not provide sufficient depth. Nellie Supports’ Advanced Mental Capacity Assessment combines clinical testing, psychological insight, and legal precision — providing courts and professionals with evidence that stands up to challenge.
Insights from Our Blog
Complex capacity assessments often sit at the intersection of law, psychology, and safeguarding. On our blog, we explore the evolving landscape of expert evidence — from undue influence and fluctuating capacity to the role of psychometrics in Court of Protection and contentious probate proceedings.
