Independent Mental Capacity Assessment Referrals: A Step-by-Step Guide for Solicitors
How to Refer a Client for an Independent Mental Capacity Assessment
If you’re a solicitor instructing an independent mental capacity assessment, this guide explains exactly what to send, what happens next, and the types of reports we provide (including testamentary capacity, LPA capacity, and COP3). Our aim is to make the process straightforward, professional, and compliant with the Mental Capacity Act 2005 (MCA)—with clear communication throughout.
What to include when instructing an independent mental capacity assessment
To help us confirm scope, fees, and turnaround time quickly, please email your instruction with:
- The decision in scope (e.g., testamentary capacity, LPA, COP3, PA14)
- Your timescales (and any key dates for signing, hearings, or deadlines)
- Any known risks or complexities (e.g., safeguarding concerns, family conflict, fluctuating presentation, communication needs)
- Client details and location (home, care home, hospital)
- Any relevant background information or documents (where available)
Send your query to hello@brookescaresolutions.co.uk
and we will respond promptly.
Our referral process: step-by-step
1) Instruction confirmed (scope, fees, and turnaround)
- The decision-specific scope
- Fees
- Expected turnaround time
- Next steps for arranging the assessment
2) Information gathering (referral form + invoice)
We will send our referral form and invoice either to you or directly to your client—whichever you prefer.
Our referral form gathers the information we need to deliver a high-quality mental capacity assessment. Depending on the circumstances, it may be completed:
- Entirely by the instructing solicitor, or
- Jointly by family members and the solicitor (where appropriate)
3) Appointments arranged
We liaise to arrange a suitable appointment time and location and confirm these details clearly.
Communication throughout: clear updates, no chasing
Communication is king. We keep you informed of:
- Appointment arrangements
- Timescales and progress
- Any issues that may affect delivery (flagged early and clearly)
We’re a small team, which means you receive a personal service and straightforward communication.
Sensitive, professional liaison with families
We liaise with families and clients in a professional, calm, and caring manner. Using many years of healthcare experience, we build rapport quickly and put your client at ease—reducing stress for the client and reflecting well on your practice.
Who completes the assessment (regulated professionals)
Quality guaranteed. All assessments are carried out by registered, regulated professionals who are bound by a professional code of conduct.
Brookes Care Solutions is managed by a registered nurse with over 25 years’ nursing experience and 13 years’ experience as an expert witness. You will receive a robust report to sit alongside your legal document, supporting your client’s wishes and protecting your professional reputation.
Types of independent mental capacity reports we provide
We provide independent capacity assessments and reports for:
- Testamentary Capacity
- Lasting Power of Attorney (LPA)
- Health and Welfare
- Property and Financial Affairs
- Court of Protection (COP3) documentation
- PA14 Probate Form (for example, where an executor loses capacity)
FAQs
How quickly can you complete a mental capacity assessment?
We’ll confirm expected turnaround after reviewing the decision in scope and your timescales. If you have a deadline (signing date/hearing), include it in your initial email.
What information do you need from the solicitor?
At minimum: the decision to be assessed, key dates, client details/location, and any risks (including safeguarding concerns or communication needs).
Do you liaise directly with the client and/or family?
Yes—where instructed. We communicate sensitively and professionally to reduce stress and support engagement.
What does “decision-specific and time-specific” mean?
Capacity is assessed for a particular decision at a particular time, in line with the Mental Capacity Act 2005.
Contact Brookes Care Solutions
To refer a client for an independent mental capacity assessment, contact us:
Email: hello@brookescaresolutions.co.uk
Phone: 0330 090 4511
If you have any questions before instructing, please don’t hesitate to get in touch.