What is a Decision Specific Capacity Assessment?

Under the Mental Capacity Act (2005), a Decision-Specific Capacity Assessment refers to an assessment of a person’s ability to make a particular decision at the time it needs to be made. This principle is central to the MCA (2005), and ensures that capacity is not assumed globally. Instead, it is understood as specific to each decision made and as something that varies over time.

Key Principles

1. That every adult has the right to make their own decisions unless it is shown that they lack capacity.
   
2. That capacity is assessed in relation to a particular decision, not generally.
   
3. That capacity can change over time, so assessments are only valid around the time that they are made.
   
4. That all practical steps must be taken to help someone make their own decision before concluding that they lack capacity.
   
5. That a person is not to be treated as lacking capacity simply because they have made an unwise decision.
   

The 2-Stage Test

1. Is there an impairment or disturbance in the functioning of the person’s mind or brain?
   
2. Does that impairment mean that the person is unable to make the decision when it needs to be made?
   

Step-By-Step Assessment

1. Clarify whether the person can understand and agree to allow a third-party to access/manage their bank account.
   
2. Establish whether the person understands what a bank account is, what it means to give someone else access to their money, and the potential risks and benefits of allowing such.
   
3. Assess whether the person can consider the pros and cons and make a reasoned choice.
   
4. Determine whether the person can communicate their decision clearly.

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Appointeeship, Deputyship, Power of Attorney