Patients and their families may occasionally ask the practice to complete a Mental Capacity Assessment. These requests can relate to healthcare decisions, or to legal, financial and welfare matters.

The Mental Capacity Act 2005 states that capacity is decision-specific and time-specific. This means a person’s ability to make a decision must be assessed in relation to the particular decision that needs to be made at that time.

Capacity assessments undertaken by the practice

As part of providing NHS medical care, our clinicians may assess a patient’s mental capacity where it is necessary to make decisions about:

• Medical examinations or investigations
• Treatment options
• Ongoing healthcare and clinical care

These assessments are undertaken as part of a patient’s clinical care and are documented within their medical record.

Requests we are unable to provide

The practice does not undertake Mental Capacity Assessments for legal or administrative purposes. This includes requests relating to:

• Lasting Powers of Attorney (Health and Welfare or Property and Financial Affairs)
• Court of Protection applications
• Wills
• Property or financial decisions
• Other legal or welfare matters

These assessments fall outside the scope of NHS General Practice and often require specialist knowledge, detailed assessment and an understanding of the relevant legal framework.

Who can help?

Depending on the reason for the assessment, you may need to contact an appropriate professional or organisation, such as:

• A solicitor
• A psychiatrist
• An independent Mental Capacity Assessor (IMCA), where appropriate
• Adult Social Care or your local authority
• The organisation requesting the assessment, who may be able to advise on who can complete it

Our Practice Policy

To ensure our clinicians can prioritise NHS patient care, the practice does not provide Mental Capacity Assessments for legal, financial or welfare purposes.