Comprehensive Mental Capacity Assessments

At OFH, we pride ourselves on providing excellent quality mental capacity assessments, case management services, and social care assessments, coupled with efficiency and professionalism.

A mental capacity assessment becomes necessary when a person is required to make an important decision but, there are concerns that, due to an impairment in the way the person's mind or brain works, they may be making a wrong decision or a choice they will not make if they did not have an impairment.

Our mental capacity assessors have extensive skills and knowledge, which ensures that we always provide quality and reliable assessments to meet the relevant legal requirements. Each assessment we provide is quality checked to ensure our reports are robust. There is a range of reasons why a mental capacity assessment may be required. For example, it may be necessary to determine an individual’s capacity to manage their property and financial affairs, their capacity to make health and welfare decisions, appointing a lasting power of attorney (LPA) or an application to the Court of Protection for the appointment of a Deputy. Other decisions include the capacity to litigate, which is also referred to as capacity to conduct proceedings, the capacity to gift or testamentary capacity assessment, which is also known as the capacity to write a will. There are occasions where a mental capacity report is required to determine a person’s ability to consent to sexual relations, capacity to marry, receive medical treatment, or enter into a pre-nuptial agreement, for example. When an application to the court of protection is being made, this has to be accompanied by a COP3 assessment of capacity. The Mental Capacity Act, 2005, sets out that mental capacity has to be assessed separately for each decision and at the specific time the decision needs to be made. The mental capacity act also sets out a two-stage test. The first stage requires that there must be “an impairment of, or a disturbance” in the way the person’s mind or brain works, which impacts their ability to make the decision at the time. To meet these criteria during a mental capacity act assessment, it is not necessary that the person has a diagnosis. For example, acute confusion, memory loss, and drugs or alcohol effects are some of the aspects that could result in brain impairment or disturbance. These could either be temporary or permanent. The second stage requires the assessor to establish whether, the impairment impacts the person's ability to understand, retain and weigh-up or use the relevant information to make up their own mind about the decision. Finally, the person must communicate their decision by any means (verbal, none verbal or other communication methods the person can use).

All our assessors understand the intricacies of carrying out specialist assessments with people of all ages, varying complexities, diagnosis, and presenting needs. Our team consists of experienced independent social workers, psychiatrists, and psychologists with a background in mental health capacity assessments, addressing unmet needs, rehabilitation, funding applications, placements, etc.