Mental Capacity Assessment Form

What is a mental capacity assessment?

A mental capacity assessment checks whether a person can make one specific decision at the time it needs making. It follows the test in the Mental Capacity Act 2005, and this form records each step along with your evidence and reasons. The form is set up for care homes, though the legal test stays the same in other settings.

When to use the form

Start by assuming the person has capacity. Complete the form only when there is a reason to doubt capacity for this decision, and use a new form for each decision, for example whether to accept help with bathing. Age, appearance, a condition or behaviour is never enough on its own to decide someone lacks capacity. Nor is an unwise decision.

The eight parts

1. About the person, including communication needs and any attorney, deputy or advance decision to refuse treatment

2. The decision: what exactly needs deciding, why now, the realistic options and the reason to doubt capacity

3. The information the person needs, including what could happen under each option and if they do not decide

4. Steps taken to help them decide, such as pictures, an interpreter, the best time of day or someone they trust being there

5. The test in the Act, set out as three questions

6. The outcome, with reasons

7. Next steps if the person lacks capacity

8. Review date and sign-off by the assessor and a manager

Working through the test

Question A asks whether there is an impairment of, or a disturbance in the functioning of, the mind or brain. It does not matter whether it is permanent or temporary.

Question B asks whether the person can understand the information, retain it, use or weigh it, and communicate a decision by talking, signing or any other means. A "no" to any one of these means they are unable to decide. Question C then asks whether that inability is because of the impairment in Question A. Write down evidence for each answer, using the person's own words where you can. You decide on the balance of probabilities, which means what is more likely than not.

If the person has capacity, their decision stands even if it seems unwise.

Before you use this mental capacity assessment form

Add your own record references and the job roles who sign off the form.

When the person lacks capacity, Part 7 sends you to the Best Interests Decision Record. Where care involves restrictions, check for a deprivation of liberty using the Mental Capacity Act & DoLS Policy & Procedure and the DoLS Application & Authorisation Record.