Adult Social Care Glossary, v 0.6

4.38 The person who assesses an individual's capacity to make a decision will usually be the person who is directly concerned with the individual at the time the decision needs to be made. This means that different people will be involved in assessing someone's capacity to make different decisions at different times."

4.42 More complex decisions are likely to need more formal assessments (see paragraph 4.54 below). A professional opinion on the person's capacity might be necessary. This could be, for example, from a psychiatrist, psychologist, a speech and language therapist, occupational therapist or social worker. But the final decision about a person's capacity must be made by the person intending to make the decision or carry out the action on behalf of the person who lacks capacity - not the professional, who is there to advise.

Mental capacity needs to be assessed at each decision point, for instance where decisions around treatment, discharge, support needs, living situation or other factors need to be made. Hence there should be provisions for more than one mental capacity assessment to be shared. If sharing the outcome of a mental capacity assessment it is important to record to which decision it relates. The mental capacity assessment is based on one of the following Acts, Mental Capacity Act 2005 (England and Wales) Adults with Incapacity Act 2000 (Scotland) Mental Capacity Act 2016 (Northern Ireland)

If an individual’s capacity to make a specific decision is in reasonable doubt, then it is a care professional’s responsibility to complete a Mental Capacity Assessment. This usually takes the form of a supported interview to assess whether an individual can understand, retain, weigh up and communicate a specific decision.

While any member of the public can carry out a Mental Capacity Assessment, for complex cases, it is advised to consult a healthcare professional and/or an independent assessor as appropriate. For more information, see our guide to the Mental Capacity Act, and notes on How Mental Capacity is Assessed.