Mental capacity and Court of Protection expert witness reports
Decision-specific capacity assessments under the Mental Capacity Act 2005 for the Court of Protection, including welfare, property and affairs, residence, care, and serious medical treatment matters.
These reports are most often prepared as part of our capacity assessments, neuropsychiatry, and adult psychiatry work.
Conditions and presentations
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Acquired brain injury
Where executive dysfunction underlies impaired decision-making.
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Advance decisions and living wills
Validity and applicability.
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Alcohol-related brain damage
Including Korsakoff syndrome.
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Alzheimer's, vascular, and mixed dementia
Diagnostic clarification and capacity for specific decisions.
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Autism spectrum
Where information processing and communication affect capacity.
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Best interests opinions
Where capacity is lacking.
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Capacity for sexual relations
Following the framework set out in recent case law.
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Capacity for social media use
Internet and contact arrangements.
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Capacity to enter contracts
Including tenancy and commercial agreements.
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Capacity to gift property
Including risk of undue influence.
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Capacity to marry
Wedlock-specific information and understanding.
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Delirium
Including reversibility and best timing of assessment.
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DoLS and LPS
Deprivation of liberty in hospital and community settings.
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Financial capacity and lasting power of attorney
Property and affairs decisions and the donor's understanding.
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Frontotemporal dementia
Including behavioural variant and language presentations.
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Healthcare consent
Including serious medical treatment and end-of-life decisions.
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Learning and intellectual disability
Across the spectrum of severity.
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Lewy body dementia
Including fluctuating cognition and capacity.
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Litigation capacity
Capacity to conduct proceedings and instruct solicitors.
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Residence and care
Where placement is in dispute.
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Severe and enduring mental illness
Where capacity for specific decisions fluctuates.
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Statutory will applications
Capacity context and best interests reasoning.
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Testamentary capacity
Banks v Goodfellow and the Mental Capacity Act 2005.
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Undue influence
Including in testamentary and lifetime gift contexts.
Typical questions for the expert
- Does P have capacity to make the specific decision in question?
- Where capacity is lacking, what is in P's best interests?
- Is capacity likely to fluctuate or to be regained?
Reports provided
COP3 supporting evidence and CPR Part 35 reports for substantive hearings.
Experts owe their primary duty to the court under CPR Part 35 and equivalent procedural rules.
Related practice areas
Cases in this area often overlap with our work on clinical negligence, inquests and inquiries, and family and child proceedings. You may also want to read our full list of practice areas.
Instruct an expert
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