Mental capacity assessments

The Mental Capacity Act empowers and protects people aged 16 and over who may lack capacity to make specific decisions. The Act states that individuals should be assumed to have capacity unless it is proven otherwise, they should be helped to make their own decisions and any decision made on their behalf must be in their best interests and be the least restrictive of their rights.

MLUK specialises in comprehensive mental capacity assessments that offer invaluable insights into an individual’s cognitive abilities, understanding of information and ability to express informed choices. Our reports provide clarity in complex situations and assist legal proceedings.

We adhere to legal aid rates, and provide competitive rates for private paying clients.

What we offer

The Mental Capacity Act recognises that capacity is decision specific. We therefore offer tailored assessments for different types of decisions:

Litigation capacity

Determining whether a person can conduct legal proceedings themselves or whether they require a litigation friend. We explain the legal test and how we assess understanding, retention and ability to instruct solicitors.

Property and financial affairs

Assessing the ability to manage property, finances and the execution of a power of attorney. Our reports consider numerical ability, memory and judgment.

Health and welfare

Evaluating capacity to make decisions about medical treatment, living arrangements and personal care. We outline complex concepts in accessible language and ensure the person’s wishes and values are heard.

Testamentary capacity

Assessing whether an individual can make a valid will or understand the implications of a will. We cover the legal criteria, including understanding the nature of the act, the extent of assets and the claims of potential beneficiaries.

Capacity to consent to marriage, sexual relations or treatment

Providing specialist assessments for these sensitive decisions when requested by solicitors or courts.

Court of protection proceedings

Preparing expert reports for the Court of Protection and attending hearings as necessary.

Our approach

Our clinicians follow the two-stage test set out in the Mental Capacity Act to assess capacity. We examine whether a person has an impairment of the mind or brain and whether that impairment makes them unable to understand, retain, weigh or communicate information relevant to the decision in question. We take into account conditions such as dementia, learning disabilities, brain injury, severe mental illness or neurodevelopmental disorders, all of which can impact capacity. 

Wherever possible we support the person to make their own decisions by presenting information in accessible formats and allowing time for reflection. When a person lacks capacity we provide practical recommendations that respect their rights and wishes and outline the least restrictive options.

Why choose MLUK?

Legal and clinical expertise

Our clinicians are familiar with capacity legislation and case law and can provide clear guidance to courts and solicitors.

Independence

We offer neutral assessments that support fair decision making.

Sensitive approach

We respect the autonomy of the person being assessed, involve them as much as possible and consider their values and preferences.

Timely reporting

Capacity issues often require swift resolution; our efficient process ensures reports are delivered without delay.

Get in touch

For mental capacity assessments, contact capacity@ml-uk.co.uk or call 0800 689 0846.

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