Mental Capacity Assessor
Our registered social workers and psychologists conduct comprehensive mental capacity assessments across England and Wales. Whether you need an assessment for financial decisions, lasting powers of attorney, or Court of Protection proceedings, our experienced team delivers court-ready reports that meet CPR Part 35 standards.
From £496 + VAT | Face-to-Face Nationwide | 4.9★ Rated
What is a Mental Capacity Assessor, and Why Would You Need a Private One?
The Mental Capacity Act (2005) recently underwent a fundamental shift—moving from a diagnosis-first model to a functional-first approach. This change didn't just affect how capacity is assessed; it also redefined what makes someone qualified to carry out a mental capacity assessment.
The Court of Protection, which supports vulnerable adults who lack capacity, used to maintain a list of approved health and social care professionals who could complete assessments. That's changed. Now, the courts emphasise that experience matters more than job title.
Both of these changes represent a move away from the medical model toward the social model. In other words, having letters before your name isn't as important as your actual knowledge and experience in assessing mental capacity.
Unfortunately, these changes coupled with NHS pressures resulted in many GP’s not wanting or being able to act as mental capacity assessors and complete legal capacity assessments such as testamentary capacity assessments or capacity to grant lasting powers of attorney.
So, What is a Mental Capacity Assessor?
A mental capacity assessor is someone who formally evaluates another person's ability to make a specific decision. It's not a general judgment—it's always tied to a particular choice at a particular time.
While the courts have made it clear that experience trumps qualifications, in most legal cases a mental capacity assessor is still a health or social care professional with a recognised qualification—such as a Social Worker, Psychologist, Nurse, or Occupational Therapist, among others.
Typically, these professionals have undergone additional training to understand relevant legislation (like the Mental Capacity Act 2005) and case law (such as Banks v Goodfellow). A good assessor will also have strong communication skills and experience working with clients who have a range of mental and physical health conditions, including ADHD, autism, dementia, and acquired brain injury.
A mental capacity assessor should bring together both legal and social care knowledge, drawing on frameworks like systems theory and communication theories to understand each client's unique situation—and to give them the best possible support to make their own decisions.
What Makes a Good Mental Capacity Assessor?
For large, complex, or legally significant decisions, a health and social care professional—such as a Social Worker, Psychologist, or Nurse—is best suited to carry out the assessment.
But qualifications alone aren't enough. A good assessor should be able to evidence their experience and demonstrate ongoing professional development to keep their legal and social care knowledge current. This might include:
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In-house training
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Professional supervision
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External courses
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Academic study, such as additional university qualifications
At Nellie Supports, our team of registered social workers and psychologists bring exactly this blend of expertise, compassion, and up-to-date knowledge to every assessment we carry out.