What is a capacity test?
Created: 7/10/2024
A capacity test, or mental capacity test, is a means of identifying whether a person can make a particular decision. Typically decisions that can be assessed fall into two categories, financial matters (including property) and health and welfare matters.
When is a capacity test needed?
The simple answer is, when it is required. Usually people are free to make their own decisions in life, free from interference. The decisions we make are wide ranging and we are free to make decisions that other people think are wise or unwise. However, that does not prevent us from making our own decisions; usually we learn from the unwise decisions and don't repeat them. However, sometimes people are not able to make decisions and it would be unfair to expect them to, but there are only certain circumstances where a person can be deemed not able to make their own decision and this is referred to as lacking mental capacity. A person may be unable to make the decision because of a serious brain injury or illness, dementia or a severe learning disability. It is an important determination because where a person lacks the mental capacity to make a decision, other people are permitted to make decisions on their behalf; as though it was the person making the decision themselves. It is important therefore to ensure that a capacity test is only undertaken when needed and the right determination is made. Otherwise, a person's rights may be removed (if they are erroneously assessed as lacking mental capacity) or they may be exposed to unnecessary risks (if they are erroneously assessed as having mental capacity).
What is the capacity test?
The capacity test is determined by the decision in question. For the majority of decisions, whether they be financial matters or health and welfare matters the capacity test asks two questions:
- Can the person make the particular decision
- If not, is the inability to make the decision because of an impairment of the mind or brain
Other decisions, including whether the person has the mental capacity to create, end or change a will, have slightly different tests. Regardless of which test should be used, the purpose of any capacity test is to safeguard the person and ensure that they are not persuaded, encouraged or left to make decisions they should not be making.
What decisions can be tested using a capacity test?
As mentioned above, the decisions that can be assessed in a capacity test are wide ranging. However, it is important to only assess a person's mental capacity when it is suspected that they cannot make the decision themselves. Often and health or social care professional will undertake the assessment because they are familiar with the correct test to use. Property and financial affairs decisions that can be assessed include; managing a bank or building society account, paying bills, collecting benefits or a pension, selling a home. Health and welfare decisions that can be assessed include; daily routine and the need for care and support with daily living, medical care, moving into a care home and life-sustaining treatment. Other decisions include; making a will (testamentary capacity), engaging in court proceedings (litigation capacity), making a gift, acting as an executor, being a trustee, agreeing to an equity release scheme, and creating an Advanced Decision to Refuse Medical Treatment.