04/11/2026
The Mental Capacity Assessment That Came Too Late
For Solicitors and Professional Deputies, an existing Mental Capacity Assessment can provide valuable evidence.
But what happens when that assessment doesn't address the decision now being made?
A property purchase.
A change in care arrangements.
A significant financial decision.
All progressing smoothly, until someone asks:
“Do we actually have the right capacity evidence for this decision?”
In our latest article, The Mental Capacity Assessment That Came Too Late, we explore a fictional deputyship case where an outdated assessment led to avoidable delays, additional costs and distress for the individual and their family.
The issue wasn't that capacity had never been assessed.
It was that the previous assessment answered a different question.
Under the Mental Capacity Act 2005, capacity is decision-specific and time-specific.
An assessment completed several years ago may not provide the evidence required for a new or significantly different decision.
For deputies and solicitors, identifying this early can make a considerable difference to the progression of a case and, importantly, the individual's opportunity to participate meaningfully in decisions affecting their future.
At Circle Case Management, our experienced Mental Capacity Assessors work with legal professionals across England and Wales, providing independent, decision-specific assessments to support informed decision-making.
Read the full article here:
https://www.circlecasemanagement.com/news/article/the-mental-capacity-assessment-that-came-too-late
For Mental Capacity Assessment enquiries:
[email protected] | 01297 24145