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Mental Capacity Act 2005

Assessing lack of capacity

The Act sets out a single clear test for assessing whether a person lacks capacity to take a particular decision at a particular time. It is a 'decision-specific' test. No one can simply be labelled ‘incapable’ as a result of a particular medical condition or diagnosis.

It is intended that anyone involved in the care of an individual should be able to use the test to determine whether there is capacity in relation to the decision in question. The date, the nature of the decision in question and the outcome of any assessment should be recorded, both as part of the tracking of the decision making process and as a possible (but not definitive) guide for the future.

This page contains the working documents to be used by those in Worcestershire who are assessing the capacity of another, making a referral to an IMCA, &/or making ‘best interest decisions’.

• Summary and Guidance for Staff in Worcestershire  (62.61 KB)  
• Appendix 1 - Mental Capacity Assessment form  (43.00 KB)
• Appendix 2 - Worcestershire Mental Capacity Act Checklist  (57.50 KB)
• Appendic 3 - IMCA Referral Form  (201.00 KB)  
• Appendix 4 - Best Interests Checklist  (42.00 KB)