Independent Mental Capacity Assessment

Here at Brookes Care Solutions (BCS), supporting the rights and choices of every individual we serve has always been an important part of our work.

That is why we’re proud to announce the launch of our Independent Mental Capacity Assessment service. This service is a natural extension of our values, professional experience, and the work we already do alongside solicitors, will writers, estate planners, and families across England.

Understanding whether someone can make a specific decision for themselves is not always straightforward, especially when emotions are high. Whether it’s about writing a will, setting up a Lasting Power of Attorney, or other decisions, ensuring that someone has the mental capacity to make those choices is a vital legal safeguard.

This is where an independent assessment becomes invaluable.

An impartial, professionally written mental capacity report gives clarity to families and professionals, but also helps protect everyone involved, particularly the individual whose decision-making capacity is being questioned.

What Is Mental Capacity?

Mental capacity refers to a person's ability to make a particular decision at a particular time. According to the Mental Capacity Act 2005, a person must be assumed to have capacity unless it is established that they do not. The Act sets out a clear framework for assessing whether someone can:

*Understand the information relevant to the decision

*Retain that information long enough to make the decision

*Use or weigh that information as part of the decision-making process

*Communicate their decision, whether by talking, using sign language, or other means

Capacity is both decision specific and time specific, meaning someone might have capacity to make some decisions but not others, and that capacity can fluctuate, especially for those with conditions such as dementia, brain injuries or mental health concerns.

Founder of BCS, Jodie Brookes, has long been an advocate for person-centred care and has supported families navigating complex care needs for many years. But increasingly, she saw first-hand how legal processes – like LPAs, wills, or Court of Protection forms – can stall when there’s uncertainty about a person’s mental capacity.

By building upon her knowledge with additional training and putting robust quality checks in place, Jodie has created a service that dovetails with the other services provided by BCS; care sourcing and expert witness services.

Who Are Our Assessments For?

Our service is ideal for solicitors, will writers, and estate planners who require:

*Independent assessment for Lasting Power of Attorney (LPA)

*A Testamentary Capacity assessment for will writing

*Completion of COP3 forms for Court of Protection applications

We also offer assessments for individuals and families directly, where needed.

Each assessment includes a full written report and is completed by a trained professional. Reports are delivered promptly and are carried out in a kind and supportive manner. Families can be assured that a caring approach runs through every aspect of our service delivery.

At BCS, we combine clinical expertise with a deep understanding of the emotional and practical realities your clients face.

We provide:

*Professional, impartial assessments

*A supportive, respectful approach for clients

*Clear, robust reports that stand up to scrutiny

*Efficient, flexible service and communication

*Transparent pricing (no VAT) and no hidden extras

We’re already working with a number of solicitors across England to provide reliable capacity assessments for their clients. If you'd like to know more or discuss how we can support your firm, get in touch today for a no-obligation chat.