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 each individual decision.
   
3. That all practical steps must be taken to help someone make decisions independently before concluding that they lack capacity.
   
4. That a person is not to be treated as lacking capacity simply because they have made an unwise decision.
   
5. That capacity can change over time, so assessments are only valid around the time they are made.
   

Step-By-Step Assessment

1. Clarify whether the person can understand and consent to a third-party accessing and managing their finances.
   
2. Establish whether they understand what a bank account is, what it means to give someone else access to their money, and the potential risks/benefits of this.
   
3. Assess whether the person can consider the pros and cons and make a reasoned choice according to this.
   
4. Determine whether the person can communicate their decisions clearly.
   

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