This form has been developed to support compliance with the Mental Capacity Act 2005. There is a statutory requirement for anyone undertaking an assessment to have regard to the Code of Practice for the Mental Capacity Act.

This guidance is intended to provide support in carrying out and recording formal capacity assessments and is not intended as a substitute for the Code of Practice. The documents covers: recording mental capacity assessment activity; principles of the mental capacity act 2005; when to assess capacity and who should carry out the assessment; assessments as part of needs or risk assessments and day to day decisions; capacity to agree to social care decisions; identifying the decision maker; advance statements and preferred place of care statements; capacity assessments; best interests decisions; independent mental capacity advocates; unwise decisions, duty of care, the role of the Court of Protection and inherent jurisdiction; and the role of the Court of Protection.