‘A Practical Guide to Assessing Mental Capacity’ by Holly Chantler


Paperback: 978-1-913715-75-5
Published: July 2021
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SKU: B0213 ASSESSINGMENTALCAPACITY Categories: , Tags: , , ,


This book is aimed for the benefit of legal practitioners who are inexperienced in dealing with mental capacity issues and providing a refresher for those with more experience. The first part of the book deals with legal theory, the second part offers practical guidance in assessing capacity and the appendices provide further resources and precedents.

Legal practitioners must be satisfied that their client has the requisite mental capacity to provide instructions and as such, it is an area of law that all practitioners must have some awareness of. For those who do not regularly deal with clients where capacity may be an issue, it can be a daunting prospect to know what steps to take. This book will hopefully provide practical solutions and confidence to practitioners in those situations.


Holly Chantler is an experienced older and vulnerable client solicitor with particular expertise in dealing with complex issues relating to mental capacity, financial abuse, powers of attorney, advance decisions and the Court of Protection (contentious and non-contentious matters). Holly holds a number of professional appointments and qualifications, including as a Court of Protection panel deputy, panel guardian and a director of national organisations Solicitors for the Elderly and the Professional Deputies Forum. She also sits on the Court of Protection Rules Committee and acts as a professional stakeholder for the Ministry of Justice, Office of the Public Guardian and Court of Protection.


Part One: Legal Theory
Chapter One – What Is Mental Capacity?
Chapter Two – Professional Obligations of Legal Practitioners
Chapter Three – Who Should Assess Capacity?
Chapter Four – When a Capacity Assessment May Be Required
Chapter Five – Mental Capacity Act 2005: The Principles
Chapter Six – Supported Decision Making
Chapter Seven – Mental Capacity Act 2005: Test of Capacity
Chapter Eight – Specific Tests of Capacity
Chapter Nine – Assessment of Capacity
Chapter Ten – Retrospective Assessments
Chapter Eleven – Challenging Capacity Assessments
Chapter Twelve – Vulnerability Factors
Chapter Thirteen – Case Studies

Part Two: Practical Guidance
Chapter Fourteen – Lack of Capacity
Chapter Fifteen – Who Is the Client?
Chapter Sixteen – Lack of Capacity – Next Steps
Chapter Seventeen – Costs and Fees in the Court of Protection

Appendix 1: Resources
Appendix 2: Precedent Attendance Note (Assessment of Capacity Element Only)
Appendix 3: Letter of Instruction to an Independent Assessor
Appendix 4: Court of Protection Application Flowchart
Appendix 5: Deed of Appointment of New Trustee Pursuant to Section 36(1) Trustee Act 1925
Appendix 6: Precedent Section 54 Trustee Act 1925 Order
Appendix 7: Precedent Section 36(9) Trustee Act 1925 Order
Appendix 8: Precedent Deputyship Order
Appendix 9: Orders You Are Seeking (Box 4.1 COP1)