Mental capacity expert witness assessments
Functional capacity assessment in line with the Mental Capacity Act 2005 and the Code of Practice. We address the specific decision in question rather than global capacity, with a clear record of the diagnostic and functional reasoning.
What the assessment covers
- Capacity to litigate and to instruct solicitors
- Capacity to manage property and financial affairs
- Capacity to make a will (testamentary capacity)
- Capacity to make a lasting power of attorney
- Capacity around medical treatment, residence, and care
Who it suits
Court of Protection, contested wills, deputyship applications, and civil litigation where capacity is in issue.
We are regularly instructed in mental capacity and court of protection, clinical negligence, and family and child proceedings cases. Browse the full list of practice areas or our other services.
How to instruct
Provide the relevant decision, background records, and any prior assessments. We will confirm whether a single decision or a panel of decisions is in scope.
Report formats
- Capacity report under MCA 2005
- Testamentary capacity report (Banks v Goodfellow and MCA)
- COP3 supporting evidence
Common questions
Instruct this service
Send the legal question and disclosure. We reply promptly.