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Deputyship - FAQ's

What is a mental capacity assessment for deputyship?

A formal capacity assessment is required most commonly to determine a person’s decision-making capacity in line with a deputyship application. This can further help to determine their understanding of the impacts of choices made.

Concerns regarding a person’s financial decision-making capacity will typically prompt this evaluation. Health or social care professionals with the relevant training can administer the tests.

They will assess the individual’s cognitive abilities (such as memory, reasoning and communication) to determine whether they have decision-making capacity. Various factors are considered in this process, including the ability to understand and retain information, and to weigh the pros and cons of different options.

This process involves a number of interviews, discussions and standardised tests. A key example of this would be the Montreal Cognitive Assessment.

The purpose of a capacity assessment is to respect and uphold a person’s autonomy, while also ensuring their well-being and protection. This also helps to determine whether additional support would be beneficial to the individual.

The outcome of this evaluation can provide a clear understanding of whether a deputyship would be necessary. Where this is the case, prospective deputies should gather the relevant evidence and forms in order to make an application. Applications are sent to the Court of Protection in all instances, as they are responsible for the management and regulation of deputies.

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Appointeeship, Deputyship, Power of Attorney, Money Management

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