Request an appointment
Your path to clearer, brighter cognitive health begins here—with expert care, genuine warmth, and unwavering support. Contact us or request a call back today.
If you or a loved one is experiencing memory problems, or if you’re a solicitor working with older or vulnerable clients, an expert mental capacity assessment can be one of the most important steps in securing a person’s future welfare and financial safety. These assessments are not only essential for legal decision-making – such as managing money or setting up a lasting power of attorney (LPA) – but they’re also a vital part of holistic dementia care.
At our private memory clinic, we specialise in private mental capacity assessments and medico-legal reports for both individuals and solicitors. Led by Dr Soumit Singhai, our service offers trusted expertise in assessing capacity related to financial affairs, property decisions, and Court of Protection proceedings – areas where clarity and clinical authority matter most.
What Is a Mental Capacity Assessment?
A mental capacity assessment determines whether someone can make a specific decision at a specific time. It is not about overall intelligence or cognitive ability but about whether someone can understand, retain, weigh up and communicate a decision — from managing finances to signing legal documents.
These assessments are decision-specific. Someone may have the capacity to make simple choices (like what to wear) but not complex ones (like selling a property or changing a will). That’s why capacity to manage finances or legal documents like an LPA often requires a formal, structured assessment carried out by a specialist.
Understanding the Mental Capacity Act (2005)
The Mental Capacity Act 2005 provides the legal framework for assessing a person’s decision-making ability in England and Wales. It’s built around five core principles:
- Presume capacity unless proven otherwise.
- Give individuals all practical support to help them decide.
- A person should not be treated as incapable just because their decision seems unwise.
- Always act in the person’s best interests.
- Choose the least restrictive option when acting for someone who lacks capacity.
This law recognises that capacity is not “all or nothing” – it depends on the decision in question, the timing, and the person’s specific circumstances.
The Two-Stage Mental Capacity Test: Explained Simply
Stage 1: Is There a Disturbance in the Mind or Brain?
This might include conditions such as:
- Alzheimer’s disease or another dementia
- Brain injury
- Delirium
- Stroke
- Depression or mental illness
If such a disturbance is present, we move to the second stage.
Stage 2: Can the Person Make the Specific Decision?
To have capacity, a person must be able to:
- Understand the relevant information
- Retain that information long enough to make a decision
- Weigh up the information to make a choice
- Communicate their decision by any means
If a person cannot do one or more of these things for the decision in question, they are said to lack capacity for that decision.
Why Capacity to Manage Finances and Property Matters Most
In real-world scenarios, the most common questions are:
- Can Mum still manage her bank accounts?
- Can my client sign an LPA or make a new will?
- Is the person capable of selling their home?
This is where an expert mental capacity assessment for financial decisions becomes crucial. These assessments help determine whether someone can:
- Control spending
- Understand bills, debts, or property value
- Appoint someone they trust to manage their finances
- Avoid financial exploitation
These issues are high-stakes and often urgent. That’s why families and legal professionals turn to us for trusted, CPR-compliant medico-legal reports.
Lasting Power of Attorney and Dementia: Act Early if Capacity Is Present
If a person still has capacity, it’s wise to help them establish Lasting Power of Attorney (LPA) arrangements.
There are two types:
- Property and Financial Affairs LPA
- Health and Welfare LPA
An LPA allows someone they trust (an “attorney”) to make decisions for them if they later lose capacity. Setting this up while someone has capacity avoids future legal complications, delays, and costs.
We often assist individuals and families in evaluating mental capacity for LPA signing, providing a clear written opinion to satisfy legal professionals and registration requirements.
What If Capacity Is Lost? The Role of the Court of Protection
If a person no longer has capacity and no LPA is in place, decisions about their finances or welfare may need to be made by the Court of Protection.
In these situations, we:
- Provide an expert Court of Protection capacity report
- Assist families or solicitors with capacity statements
- Offer evidence for deputyship applications or contested proceedings
These assessments are often requested by lawyers and local authorities where clarity and clinical authority are critical.
Why Our Expert Mental Capacity Assessments Stand Apart
While many private memory clinics focus solely on diagnosis and treatment, they often don’t provide in-house medico-legal mental capacity assessments. At our clinic, this vital service is integrated into our pathway, giving families and solicitors clear answers when it matters most.
A Dedicated Medico-Legal Mental Capacity Service – In-House
- Led by Dr Soumit Singhai, a consultant geriatrician and cognitive specialist with deep medico-legal expertise
- Over a decade of experience producing robust, court-compliant reports for solicitors, families, and local authorities
- Trusted for Court of Protection capacity reports, LPA certification, and decision-specific assessments
One-Stop Diagnostic and Legal Clarity
We combine clinical excellence with legal insight:
- Cognitive and neurological diagnosis
- Brain imaging
- Blood and lifestyle investigations
- Capacity assessments for finances, LPAs, wills, and housing
- Court-ready, CPR 35-compliant reports delivered quickly
This wraparound model of care means that patients don’t need multiple providers. Instead, everything — from memory diagnosis to mental capacity certification — is handled with consistency, speed, and specialist insight.
Frequently Asked Questions
What is a decision-specific mental capacity assessment?
A decision-specific assessment means the person is evaluated in relation to one decision only (e.g. “Can they manage their finances?” or “Do they understand what it means to set up an LPA?”), rather than being labelled as globally capable or incapable.
How long does an expert mental capacity assessment take?
Typically 1 to 1.5 hours. The report is prepared shortly after. We offer urgent assessments and can produce written reports within a few days if required.
Can you assess someone with dementia?
Yes. Many people with early dementia retain capacity for key decisions. That’s why timely, fair assessment is so important. We are experienced in working with patients who have cognitive impairments, and in tailoring communication and explanation to their level.
Do you provide reports for the Court of Protection?
Yes. Dr Singhai is regularly instructed to provide expert witness reports for Court of Protection applications, including deputyship and contested capacity issues.
Are your assessments legally recognised?
Yes. All reports follow legal standards (including the MCA 2005 and CPR Part 35 where needed) and are accepted by courts, solicitors, and the Office of the Public Guardian.
Can a solicitor refer directly to you?
Yes. We work closely with private client solicitors, Court of Protection teams, and family law practitioners across the UK. You can refer your client directly for assessment and reporting.
How to Arrange an Assessment
We welcome referrals from:
- Solicitors
- Case managers
- GPs and consultants
- Family members
To arrange a private mental capacity assessment, or to request an expert medico-legal report, please contact our team:
Phone – 0207 062 7248
Email – drsinghaisecretary@outlook.com
