Who can carry out a mental capacity assessment?

For most informal or care-related decisions, any professional involved in a person's care can assess capacity. For formal Court of Protection purposes — including the COP3 form required for a deputyship application — the assessment must be completed by a registered medical practitioner or a registered social worker. Neil Courtney is registered with Social Work England (SW22867) and Social Care Wales (W/5112188) and is qualified to provide court-compliant capacity assessments.

How long does a mental capacity assessment take?

The assessment visit itself usually takes between one and three hours, depending on the complexity of the decision, how the person presents on the day, and how much supporting information is needed. The written report is typically produced within five to ten working days of the assessment visit. Urgent turnarounds are accommodated where possible.

What happens if someone lacks mental capacity?

If a person is assessed as lacking capacity for a specific decision, someone else must make that decision on their behalf. That decision must be made in the person's best interests, following the framework set out in Section 4 of the Mental Capacity Act 2005. Depending on the decision and the circumstances, this may involve a professional deputy, a family member acting under a Lasting Power of Attorney, a local authority, or a court-appointed deputy.

Can a GP still do a mental capacity assessment?

A GP can still carry out informal capacity assessments. However, as of October 2023, GPs are no longer contracted to complete COP3 Part B assessments under their NHS contract, which means many GP practices are declining these requests. For COP3 assessments and other court-facing capacity work, an independent social worker or independent medical practitioner is now the primary route.

What is the difference between mental capacity and mental health?

Mental capacity and mental health are related but distinct concepts. Mental health refers to a person's overall psychological wellbeing and the presence or absence of mental health conditions. Mental capacity refers specifically to the ability to make a particular decision at a particular time. A person can have a significant mental health condition and still have mental capacity for most decisions.

How much does a private mental capacity assessment cost?

The cost of a mental capacity assessment depends on the complexity of the decision being assessed, the number of assessment visits required, the travel involved, and the purpose of the report. Expert Social Work Assessments provides a quote for each instruction based on the specific details. A free 30-minute consultation is available before any commitment is made.

Is a mental capacity assessment legally binding?

A mental capacity assessment is not a judicial decision — it is a professional opinion that applies the legal framework to the facts. For most decisions, a capacity assessment carried out by a qualified professional is treated as authoritative unless challenged. Where the assessment is disputed, the Court of Protection has jurisdiction to make a formal determination. A well-evidenced, court-compliant report from a qualified assessor provides the strongest basis for any subsequent legal proceedings.

What is an LPA certificate provider?

An LPA certificate provider is an independent person who signs Part B of the LP1 form to confirm that the donor understands the Lasting Power of Attorney they are making and is not being pressured or deceived into signing it. The certificate provider must be either someone who has known the donor personally for at least two years, or a regulated professional with the relevant skills to make that assessment.

Does a social worker qualify as an LPA certificate provider?

Yes. A registered social worker is a recognised professional certificate provider under the Mental Capacity Act 2005 and the LPA Regulations. Neil Courtney is registered with Social Work England (SW22867) and Social Care Wales (W/5112188) and is qualified to act as certificate provider for both Property and Financial Affairs and Health and Welfare LPAs. A social worker is particularly well placed to act as certificate provider where the donor has a cognitive impairment, mental health condition, or learning disability.

Do I need a social worker or a solicitor as my LPA certificate provider?

Either can act as a professional certificate provider. Where there are concerns about the donor's understanding or capacity, or where family dynamics mean that genuine independence is important, a social worker brings clinical judgement alongside professional independence. A solicitor brings legal expertise. Many solicitors drafting LPAs prefer to use an independent social worker as certificate provider so that the document-drafting and the independent certification are kept separate.

What is the difference between Property and Financial Affairs and Health and Welfare Deputyship?

A Property and Financial Affairs deputy manages the person's money, property, bank accounts, and investments. A Health and Welfare deputy makes decisions about the person's care, medical treatment, and day-to-day welfare. The Court of Protection most commonly grants Property and Financial Affairs deputyship. Health and Welfare deputyship is granted only where there is an ongoing need to make a series of welfare decisions, or where there is a dispute that requires court-level oversight.

How long does a deputyship application take?

The Court of Protection typically takes between six and nine months to process a standard deputyship application from the date of filing. Urgent applications, including those involving significant or immediate financial risk to the person, can be made on an expedited basis. The COP3 assessment and report can be provided promptly by Expert Social Work Assessments to avoid delays at the preparation stage.

Can I get a social worker to assess capacity for an LPA?

Yes. Where there are doubts about whether a donor has the mental capacity to make an LPA, a formal capacity assessment is the appropriate first step. Neil carries out capacity assessments specifically for LPA purposes, applying the two-stage test under the Mental Capacity Act 2005 to the specific decision of making an LPA. A written report is produced, and where capacity is confirmed, this can then support the certificate provision.

What happens if someone lacks capacity to make an LPA?

If a person no longer has the mental capacity to make an LPA, it is too late to put one in place. The alternative is a deputyship application to the Court of Protection, which appoints a deputy to make decisions on the person's behalf. Deputyship requires a COP3 assessment confirming the person's lack of capacity for the relevant decisions. Expert Social Work Assessments provides COP3 Part B assessments for both Property and Financial Affairs and Health and Welfare deputyship applications.

FAQs at Expert Social Work Assessments

Q: What is a mental capacity assessment?

A mental capacity assessment is a formal evaluation of whether a person can make a specific decision for themselves at a specific point in time. It applies the two-stage test set out in the Mental Capacity Act 2005: first, whether there is an impairment of the mind or brain; and second, whether that impairment means the person cannot understand, retain, use, or communicate information relevant to the decision.

The world of health and social care, mental capacity and the legislative frameworks they sit within are full of jargon and terms that can make navigating the system even more complex and confusing. Our FAQs are designed to take the mystery out of it all.

Click on each of the following for Further Information about Expert Social Work Assessments

Our combined years of experience of working within the field of social care means that there is not much that we have not encountered during our careers. For example, our principle senior social worker has worked within many fields of social work and social care including community, hospital, alcohol services, learning impairment / disability, physical impairment / disability, older persons, neuro, brain injury, autism / ADHD, personality disorders, mental health and before qualifying, with looked after children and as a support worker for adults.

We do not provide legal advice, if that is required, we can certainly direct you to one of our many trusted solicitor clients. However the quality of our reports have been commended by our legal colleagues.

COP3 Mental Capacity Assessment – What is a COP3? - The ‘COP3’ refers to the form that the Court of Protection requires us to fill out to evidence whether someone has or does not have mental capacity to make a specific decision. It can be for any major decision that the Court may be seeking to resolve; and is typically required for Deputyship applications when applying to the Court to be the Deputy for Property & Financial Affairs and or Personal Welfare. We are usually instructed by Solicitors, Professional Deputies, and Members of the Public to complete these when they are applying for a Deputyship. We complete the Part B of the form following our mental capacity assessment to evidence our conclusions.

Lasting Power of Attorney (LPA) Certificate Provider Role – Here is the link to the Gov.UK website that explains how to make, register or end a lasting power of attorney.

www.gov.uk/power-of-attorney

Who can be a Certificate provider?

A certificate provider for a Lasting Power of Attorney must be an independent adult who can confirm the donor understands the LPA and is not being pressured, either as a long-term acquaintance or a qualified professional.

Whats the Eligibility Criteria to be a Certificate Provider?

To act as a certificate provider, a person must:

Be at least 18 years old.
Be independent of both the donor and the attorneys named in the LPA.
Be able to assess the donor’s understanding of the LPA and confirm that it is being made voluntarily without coercion or fraud.

What are the Two Types of Certificate Providers?

There are two main categories:

Personal Certificate Providers
- Someone who has known the donor personally for at least two years.
- Examples include friends, neighbours, or former colleagues.
- They do not need professional qualifications and typically do not charge for their services.
Professional Certificate Providers
- Individuals with relevant professional expertise, such as:
  - Solicitors regulated by the Solicitors Regulation Authority (SRA)
  - Doctors or registered healthcare professionals
  - Registered social workers
  - Independent Mental Capacity Advocates (IMCAs)

Who Cannot Be a Certificate Provider?

Certain people are disqualified to ensure independence and impartiality:

Family members of the donor (spouses, civil partners, parents, children, siblings)
Anyone named as an attorney or replacement attorney in the LPA
Business associates of the donor
Care home owners or managers for residents
Anyone with a close personal or financial relationship with the attorneys

What are the Responsibilities of a Certificate Provider?

The certificate provider’s role is to:

Confirm that the donor understands the LPA, including the powers granted and when they can be used.
Ensure the donor is not being pressured or coerced into making the LPA.
Verify that the LPA is not being made as a result of fraud or misrepresentation.
Ideally, speak to the donor privately and independently before signing the certificate (Section 10 of the LP1 form)

Choosing the right certificate provider is crucial for the validity of the LPA, as the Office of the Public Guardian will not register the document without a properly qualified and independent certificate provider such as an expert social worker. We have many years of experience in acting as the Certificate Provider and we can support you through the process.

Deputyship Applications – Here is the link to the Gov.UK website that explains how to make, register or end a Deputyship.

www.gov.uk/become-deputy

Why apply for a deputyship and not a Lasting Power of Attorney?

A Deputyship is not a Lasting Power of Attorney (LPA) because it is a reactive process initiated after a person has lost mental capacity. In contrast, an LPA is a proactive step taken while the person still has mental capacity, allowing them tochoose who acts on their behalf and what powers they grant. The main reasons for this distinction include the timing, control, and cost implications.

Timing: An LPA is created while the person is still mentally capable, allowing for immediate action. A Deputyship is only available after the person has lost capacity, which can be a significant period of uncertainty and stress for the family.
Control: With an LPA, the person retains full control over who acts for them and the powers they grant. In contrast, a Deputyship involves the court's involvement, which can lead to less control and more restrictions on the powers
granted.
Cost: The initial cost for an LPA is relatively low, while a Deputyship can be significantly more expensive, especially when considering the ongoing supervision fees.

What is A COP14PAdep form?

If requested, the COP14PADep form is completed at the time we undertakle the assessment of capacity and it's purpose is to record that the individual has been informed that someone is applying to become their deputy for property and affairs in an application to the Court of Protection. Part of this form also enables the individual's views to be recorded (their agreement or disagreement) if they are able to. The purpose of this form is to ensure that the rights and interests / wishes and feelings of those individuals are considered during the application process.

Mental Capacity Assessments

What is a Mental Capacity Assessment?

A Mental Capacity Assessment is a structured process used to determine whether an individual can make a specific decision at a particular time, focusing on the individual's understanding, retaining, using and weighing information, and communicating a choice.

What is the legal framework?

The Mental Capacity Act 2005 is a law in England and Wales that applies to individuals aged 16 and over who may lack the mental capacity to make their own decisions. Its primary purpose is to protect and empower these individuals by ensuring they receive the necessary support to make decisions. It establishes guidelines for assessing mental capacity and making decisions in the best interests of those who cannot do so themselves.

Why are Mental Capacity Assessments Necessary?

Having mental capacity means that a person is able to make their own decisions.

You should always start from the assumption that the person has the capacity to make the decision in question (principle 1).

You should also be able to show that you have made every effort to encourage and support the person to make the decision themselves (principle 2).

You must also remember that if a person makes a decision which you consider eccentric or unwise, this does not necessarily mean that the person lacks the capacity to make the decision (principle 3).

Under the MCA, you are required to make an assessment of capacity before carrying out any care or treatment if you have reasonable belief someone lacks capacity – the more serious the decision, the more formal the assessment of capacity needs to be.

How do you undertake a Mental Capacity Assessment?

There is a two-stage test: In order to decide whether an individual has the capacity to make a particular decision you must answer two questions:

Stage 1 – Is the person unable to make a particular decision (the functional test)?

Stage 2 – Is the inability to make a decision caused by an impairment of, or disturbance in the functioning of, a person’s mind or brain? This could be due to long-term conditions such as mental illness, dementia, or learning disability, or more temporary states such as confusion, unconsciousness, or the effects of drugs or alcohol (the diagnostic test).

The MCA says that a person is unable to make their own decision if they cannot do one or more of the following four things:

Understand information given to them
Retain that information long enough to be able to make the decision
Weigh up the information available to make the decision
Communicate their decision – this could be by talking, using sign language or even simple muscle movements such as blinking an eye or squeezing a hand.

Every effort should be made to find ways of communicating with someone before deciding that they lack capacity to make a decision based solely on their inability to communicate. Also, you will need to involve family, friends, carers or other professionals.

The assessment must be made on the balance of probabilities – is it more likely than not that the person lacks capacity? You should be able to show in your records why you have come to your conclusion that capacity is either present or lacking for the particular decision.

Immigration Assessments

How can social workers assist with immigration cases?

Social worker expert assessments can assist with immigration cases by writing expert reports that can be used in application and appeals, for example:

An independent social work assessment report can evidence the impact of immigration for families and will focus on the children’s welfare / best interests. For example, if a parent is to be deported.
A report that supports Family Reunification, evidencing the emotional and practical needs of the families impacted by immigration.
An assessment of care needs report for vulnerable adults whether they are in the UK or are a dependent adult wishing to come to the UK to be cared for by their family here in the UK.
Reporting on the best interests of a child / family who have enjoyed family life in the UK and wish to stay.

Care Needs Assessments – Our care needs assessments provide you with a clear picture of what the individual's care needs are. We will talk to the individual, family and any carers (formal or non formal) to build a comprehensive view of day to day life. We use the Care Act 2014 legislative framework and terminology so that our findings can be directly compared to any Local Authority Assessment. For example, we cover the Key Eligible Outcomes for Adults:

Maintain nutrition and access food and drink
Wash and maintain personal hygiene
Access and use the toilet and manage continence
Dress appropriately for circumstances and weather
Engage in work, education, or volunteering
Carry out caring responsibilities for a child
Participate in recreational or social activities

Care Reviews – Our care reviews also use the language and framework of the Care Act 2014. We analyse the current care provision and determine whether it is meeting the individual's needs. We can also make recommendations for changes (increase or decrease)

Best Interests Determinations – Best Interest Decision-making involves ensuring that decisions made for individuals who lack capacity are made in their best interests. The Key points of consideration are:

Accounting for Wishes and Value – when making decisions, it is essential to consider the individual’s wishes, feelings, values and beliefs, especially if they lack capacity to make the specific decision.
Application of the Mental Capacity Act – as it outlines the process for assessing and determining best interests, ensuring that decisions are made in accordance with the individual’s rights and preferences.
Consultation and Support - Involve the individual’s family, carers and advocates to gather relevant information and preferences which can help in making informed decisions.
Balancing Factors – Consider competing factors and ensure that the decision aligns with the individual’s overall wellbeing and values.

Advocacy – In simple terms we are ensuring that your voice or that of a vulnerable person is heard.

Professional Deputy Services – As described above, we can assist Professional Deputies to meet their statutory duties and obligations for their clients. Our range of services / assessments mean the the Professional Deputy is fully up to speed with their client's situation, be that around their care provision and whether it is meeting their needs, their decision making abilities and mental capacity, best interests detereminations, their wishes and feelings, the new DoLS definition / situation, advocacy and advice.

Sourcing and Arranging Care – We will do all of the hard work in sourcing the care for you to make a choice based upon the information we provide to you. This will include availability, potential start up dates, back ground checks, cost.

NHS Continuing Healthcare (NHS CHC) is a package of care for adults aged 18 or over which is arranged and funded solely by the NHS. In order to receive NHS CHC funding individuals, have to be assessed by integrated care boards (ICBs) according to a legally prescribed decision making process to determine whether the individual has a ‘primary health need’. Please follow the link for full details.

www.england.nhs.uk/healthcare/

Deprivation of Liberty (DoLS) - Please use the following link for the Gov.UK website that describes the UK Supreme Court 2026 judgement on what constitutes a Deprivation of Liberty.

www.gov.uk/government/publications/changes-to-the-definition-of-deprivation-of-liberty

What is our role as Best Interest Assessors (BIAs) post AGNI?

The role of BIAs post AGNI judgement involves a careful and individualised assessment of whether a person is being deprioved of their liberty. This assessment must consider all relevant circumstances and factors, including the person's wishes, feelings and levels of objection. BIAs are responsible for carrying out the Best Interests assessment, which is a specialist role requiring onging training and experience. We must ensure that the assessment is thorough and evidence based, taking into account the person's overall care and support needs. The BIA role is crucal in upholding the principles of the Mental Capacity Act and ensuring that individuals' rights and best interests are prioritised in the context of deprivation of liberty.

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FAQs at Expert Social Work Assessments

Click on each of the following for Further Information about Expert Social Work Assessments

ADVICE - What Types of Advice can we Provide

COP3 - What is a COP3?

LASTING POWER of ATTORNEY - How can we assist you with your application?

DEPUTYSHIP - How can we assist you with your Deputyship application?

MENTAL CAPACITY - What is a Mental Capacity Assessment?

IMMIGRATION - How can a social report assist you with your Immigration Matter?

CARE NEEDS ASSESSMENT - How can an independent social worker Care Needs Assessment assist you?

CARE REVIEWS - How can an independent social worker Care Review assist you?

BEST INTERESTS - What is a Best Interests Determination?

ADVOCACY? - What is Advocacy?

PROFESSIONAL DEPUTIES - How can we support Professional Deputies to meet their Statutory Duties?

SOURCING & ARRANGING CARE - How can we support you with this?

FINANCIAL VULNERABILITY ASSESSMENTS? - What is the Lichtenbery Financial Vulnerability Assessment?

NHS CONTINUING HEALTHCARE (CHC) - What is it?

DEPRIVATION of LIBERTY (DoLS) - What is it?