Mental Capacity Assessment Service
Mental Capacity Assessment Service offers expert assessment and evaluation to determine the ability of individuals with brain injury or neurological condition to make key decisions, in line with the Mental Capacity Act (2005).
Understanding mental capacity
We all make a multitude of decisions every day. These can range from the routine – what to eat, what to wear, what to do, through to far more complex decisions such as managing our finances, deciding on medical treatment, or signing legal documents such as tenancies or making a Will.
Decision making can be affected by many conditions, such as brain injury or neurological conditions. The Mental Capacity Act provides a legal framework to assess an individual’s ability to make both one-off or longitudinal decisions, if they have an ‘impairment of, or a disturbance in the functioning of, the mind or brain’. It is important to consider not only if the person can understand the information relevant to a decision, hold it in mind, use it and communicate their decision, but also if any inability to do so is caused by any recognised impairment, the ‘causative nexus’.
Our approach
Arbor’s specialist Mental Capacity Act Assessment Service offers expert evaluations to determine an individual’s ability to make key decisions, including financial, legal, and medical matters. We provide both single-point and longitudinal assessments, specialising in clients with neurological conditions or those with fluctuating decision-making capacity, helping to ensure that people are appropriately supported in making, or being supported in, important life decisions.
Our assessments can be part of ongoing clinical work or provided as a standalone service, in line with Part 15 of the Court of Protection Rules.
Before any assessment takes place, we ensure that clients are fully informed about the purpose and process involved. This typically begins with an introductory telephone or video call where clients can ask questions and provide their informed consent.
Our Mental Capacity Act assessments usually involve:
Assessments may take place over one or two sessions. Where appropriate, we provide immediate feedback to the client, with next steps following the completion of their report.
Arbor’s full multidisciplinary team allows us to work together when needed, ensuring clients receive the greatest chance to demonstrate capacity. For example, a Speech & Language Therapist can support communication needs during a neuropsychologist-led capacity assessment – aligning with the Mental Capacity Act’s second principle: maximising an individual’s ability to make a decision.
We also recognise that assessment and rehabilitation can be reciprocal and ongoing. For instance, if a client initially lacks capacity to manage finances, but expresses a desire to do so, we can provide capacity-building support and revisit assessment at a later stage when appropriate. This approach allows a constant focus on building insight and autonomy, whilst ensuring legal compliance and adherence to best practices.
Meet the Mental Capacity Assessment team
Dr Alana Tooze leads the Mental Capacity Act team. Work in this area is undertaken by HCPC registered therapists with specialist knowledge and expertise working with a range of neurological conditions.
