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Educational draft · awaiting clinical reviewUse Rapid for revision, not patient-care decisions. Check current national and local guidance and the BNF or BNFC before acting.

Decision-specific capacity assessment

Psychiatry · UK scope · Sources checked 27 Aug 2026 · Clinical review pending

RapidFull
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Urgent treatment while capacity is uncertain

Life-threatening illness may require action before delirium resolves, communication is fully restored or legal documents are located, but urgency does not create unlimited authority.

Action: Provide immediate communication and reversible-factor support, define the decision and search for a valid refusal or authorised proxy. If delay would cause serious harm and no binding refusal is known, give only necessary proportionate treatment under the applicable emergency or best-interests framework while verification and senior legal review continue.

Synopsis

Assess whether a person can make one defined decision at the required time after all practicable support, apply the correct jurisdiction's legal test, and distinguish incapacity from diagnosis, detention, communication difficulty or an unwise choice.

  • Define the exact decision, available options, material benefits and harms, consequences of no action and the time by which it must be made.
  • Presume capacity and take all practicable steps to support the decision through timing, treatment of reversible factors, interpreter, sensory aids, simple language and communication technology.
  • In England and Wales, identify an impairment or disturbance of mind or brain and ask whether, because of it, the person cannot understand, retain, use or weigh, or communicate relevant information.
  • Short retention can be enough; communication can use speech, sign, writing, gesture, eye gaze or assistive technology.
  • Ask the person to explain choices, consequences and reasoning in their own words; record actual responses rather than a conclusory capacity present or absent statement.
  • An unwise, risky or values-based choice can be capacitous. The test concerns the decision process, not agreement with professional advice.
  • If capacity fluctuates and the decision can safely wait, reassess at the person's optimal time; urgent harm may require a proportionate temporary decision process.
  • If capacity is absent, check valid advance refusals, health-and-welfare attorney or deputy powers, court orders and the correct best-interests or jurisdiction-specific pathway.
  • Mental-health detention does not itself remove capacity, and ordinary physical treatment unrelated to mental disorder still needs its own consent or capacity authority.

Key red flags

Age, diagnosis, psychosis, detention, intoxication, learning disability, communication impairment or an apparently irrational outcome cannot alone establish lack of capacity.

In England and Wales, inability must result from an impairment or disturbance in functioning of mind or brain; functional difficulty without the causal link does not complete the statutory test.

A person may lack capacity for one complex treatment decision while retaining capacity for another choice, and capacity may recover after delirium, intoxication or acute distress improves.

Failure to provide interpreter, hearing aids, accessible information, pain relief, time or a suitable communication method can create a false incapacity conclusion.

Capacity law is not identical across the UK: do not transpose Mental Capacity Act forms or terminology into Scotland or Northern Ireland without current local verification.

Investigation priorities

01
Decision and material-information definitionFirst step

Specify the actual options, benefits, harms, no-action consequence and decision deadline.

Management branches

Capacity assessmentSupport first and test one decision

There is a genuine reason to doubt ability for a specific healthcare or welfare choice.

  1. Define the decision, material information and urgency and identify the applicable UK jurisdiction and possible impairment.
  2. Provide practicable communication and clinical support, then ask the person to explain and compare options and communicate a choice.
  3. Record each functional ability, causal reasoning where required, actual responses, support, conclusion and when reassessment is needed.
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Sources and review status5 sources · checked 27 Aug 2026 · clinical review pending+
Sources

Sources and review status

National guidance is shown before implementation-dependent detail. Apply principles in context and verify current guidance when a decision affects care. Source check completed 27 Aug 2026; clinical approval remains outstanding.

  • Mental Capacity Act 2005England-and-Wales capacity, best-interests, advance decision and proxy framework.
  • NICE NG108 mental capacity recommendationsSupported decision making, assessment, recording and best-interests practice.
  • Adults with Incapacity Scotland Act 2000Distinct Scottish incapacity principles and authority.
  • Mental Capacity Northern Ireland Act 2016Northern Ireland statute with phased implementation requiring current local verification.
  • GMC decision making and consentCommunication, capacity, emergencies and lawful treatment decisions.

Editorial contact: Doctor’s Passport editorial team. Source-check date is separate from clinical approval. Report a content problem · Content changes

Authoring stateRapid draftClinical stateAwaiting reviewJurisdictionUnited Kingdom