Definition in Statutory Guidance
of
Mental capacity assessment
from
Mental Capacity Act Code of Practice, paras 4.38 and 4.42
Source
4.38 The person who assesses an individual's capacity to make a decision will usually be the person who is directly concerned with the individual at the time the decision needs to be made. This means that different people will be involved in assessing someone's capacity to make different decisions at different times."
4.42 More complex decisions are likely to need more formal assessments (see paragraph 4.54 below). A professional opinion on the person's capacity might be necessary. This could be, for example, from a psychiatrist, psychologist, a speech and language therapist, occupational therapist or social worker. But the final decision about a person's capacity must be made by the person intending to make the decision or carry out the action on behalf of the person who lacks capacity - not the professional, who is there to advise.