Contract decisions · England and Wales
Capacity to enter into a contract
Does the person have the mental capacity to decide whether to enter into this particular agreement?
A tenancy, loan, guarantee or business agreement can create important obligations. We assess the person’s capacity in relation to the actual agreement they are considering, using its terms and the consequences that matter in their circumstances. A signature or diagnosis alone does not answer that question.
The agreement might be a tenancy, loan, guarantee, care agreement or business document. We need the draft terms and an explanation of the proposal so that the assessment addresses the decision the person faces.
You receive a written report setting out the evidence, our opinion and any limitations. The report is not legal advice about the contract’s validity or whether it is a good deal.
Assessments for families and professional referrers across England and Wales.
The agreement matters
Send the proposed agreement and the reason an assessment is being requested. We identify what the person needs to understand about the commitment, payments, responsibilities and consequences of signing or declining. The assessment provides capacity evidence; the solicitor or other relevant adviser explains the legal effect of the contract.
Before signing
A solicitor, lender, family member or other professional may need evidence about the person’s understanding of a proposed commitment. Provide the current draft, not an earlier version that has since changed.
Concerns about pressure
Tell us if someone appears to be directing the decision or if the person feels unable to refuse. Capacity and undue influence are not the same question. We record relevant concerns, but a capacity report cannot certify that an agreement is free from pressure.
A contract signed in the past
If the question is what the person could decide when they signed an earlier agreement, explain that at enquiry. A retrospective opinion needs evidence about that past time and is scoped separately.
Understanding the commitment
The information must fit the contract
We focus on the important terms and consequences for this person. We do not test their recall of every clause or expect legal expertise. The solicitor or relevant adviser should explain the agreement and any technical points that matter.
How the opinion is reached
We consider whether the person can understand, retain, use or weigh the relevant information and communicate their decision, with practicable support. If they cannot, we examine whether an impairment or disturbance in the functioning of the mind or brain causes that inability. For an instruction about contractual validity, the legal context and applicable question must be agreed with the instructing solicitor.
What the report explains
The report identifies the agreement and version considered, the records reviewed and the support given. It explains the person’s responses, our observations, reasoning and conclusion, and any limits in the evidence. It does not determine whether the contract is enforceable.
- What the person and the other party are agreeing to do.
- What they will receive, pay or give up.
- How long the commitment lasts and the relevant ways it can end.
- The consequences of not meeting the terms, such as charges, interest or loss of an asset.
- The realistic alternatives, including getting advice, choosing another arrangement or not proceeding.
- The effect on their wider finances and any people who depend on them.
From draft agreement to written opinion
Send the proposal
Explain the purpose of the assessment and provide the current draft terms, relevant advice and deadline. We clarify whether this is a present decision or a question about an earlier agreement.
Agree the assessment
We confirm scope, records, fee and timetable in writing. We discuss communication needs and whether a home visit or remote appointment is appropriate.
Discuss the decision
The assessor explores the actual agreement and its consequences with the person. Accessible explanations, written prompts, breaks and time to consider the information may help.
Receive the report
The report is peer reviewed by a second qualified professional and delivered securely. If the evidence does not support a clear opinion, we explain the limitation and what further information may be needed.
What should accompany the instruction?
Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team.
- The draft agreement and any schedules or terms referred to in it.
- The solicitor’s or adviser’s explanation of the key obligations, risks and alternatives.
- Relevant financial information showing what the commitment would mean for the person.
- Medical information relevant to decision-making and previous assessments.
- Relevant attendance notes or accounts from people who know the person, clearly identifying their source.
- The intended use of the report, signing date, any court directions and communication needs.
Fees and what is included
The standard assessment and written report cost £720 including VAT. That includes review of the relevant records, peer review and secure delivery. A retrospective opinion, assessment of another decision or court-directed expert report needs its own agreed scope and quotation.
Capacity to enter into a contract assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report about the agreed contract decision, including relevant-record review, peer review and secure delivery. Legal advice, drafting and court-directed expert work are not included.
Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team.
Questions about this assessment
Do you need to see the contract?
Yes. We need the actual agreement and the important information about it. A general description of the type of contract is not enough to assess the specific commitment.
Does a larger contract mean a different legal test?
The amount alone does not establish incapacity. We consider the obligations and consequences of this agreement for the person.
Is this the same as capacity to litigate?
No. Deciding about an agreement and conducting proceedings are distinct questions. A settlement connected with litigation may require additional consideration; tell us the legal context before booking.
What if the person’s abilities fluctuate?
We consider the timing of the decision and what support helps the person take part. The report explains when the opinion applies and whether further assessment is needed if the terms or circumstances change.
Will the report prevent the contract being challenged?
No. A report records evidence and an opinion about capacity. It cannot guarantee validity, enforceability or the absence of a later challenge, and it does not replace independent legal advice.
What if they choose an agreement others think is unwise?
An unwise choice does not, on its own, establish incapacity. We examine whether they can make the decision with the relevant information and support, not whether we or their family would make the same choice.
Sources and related assessments
These sources explain the assessment framework. We agree the precise question and any court or other reporting requirements for each instruction.