Assessment Formats and Related Forms

In this blog, we discuss the different formats of Mental Capacity Assessments and Best Interest Assessments. We also signpost to a range of different forms related to the Mental Capacity Act (2005) that will be of use to assessors.

The format of Mental Capacity Assessments

At the time of writing (January 2026), there is no prescribed form for mental capacity assessments. This means the onus is on the assessor to personalise the assessment to the individual and their circumstances. It also means the assessor is responsible for deciding precisely what level of detail is required.

While there may be no prescribed form to fill out, the format of the assessment itself is clearly directed in the case of JB vs Local Authority (2021) UKSC 35. According to this important piece of case law, an assessment for a set decision at a specific time should include the following:

Stage 1: Functional

• Can the individual make the specific decision for themselves?

1. Can they understand information relevant to the decision?
2. Can they retain information relevant to the decision?
3. Can they use or weigh up relevant information in order to make the specific decision?
4. Can they communicate their decision (in any format)?

Stage 2: Diagnostic and Causative Nexus

• Is there an impairment or disturbance in the functioning in the person’s mind / brain?

• Is it a formal diagnosis?
• If not, what is the evidence to support this?
• Is the person’s inability to make the decision caused by the identified impairment or disturbance of the brain? 

Further reading

For professionals, I would strongly recommend reading CT v London Borough of Lambeth and Anor (2025 EWCOP 6,, wherein judge Justice Theis compares the difference between a good and a bad mental capacity form, thus providing a detailed checklist for assessment of capacity.  

There are many examples of how to record assessments that can be found online. These include NHS England’s Mental Capacity Act Assessment Decision Record. Whichever template you decide to use for your assessments, you should always be sure to review any form used to ensure it uses the structure outlined above, as many providers have failed to update their materials in response to changes in case law.

The format of Best Interest Assessments

Just as with the case of Mental Capacity Assessments, at the time of writing (January 2026), there is no prescribed form for Best Interest Assessments at this current time.

In section 5 of the Mental Capacity Code of Practice it provides the framework for what needs to be included within the assessment:

1. Establish key Decision Makers; confirm if there are any relevant individuals who are assigned with Lasting Power of Attorney or as Deputy for the decision.
2. Encourage participation by the person in question, establishing their views, thoughts, feelings, values and beliefs are established, with advocacy referral if appropriate.
3. Identify the relevant circumstances and viable options.
4. Avoid discrimination, taking caution ‘not make assumptions about someone’s best interests simply on the basis of the person’s age, appearance, condition or behaviour’.
5. Assess whether the person might regain capacity at some point in the future – in which case, can the decision be delayed?
6. Consult with all relevant parties in regard to the decision being made.
7. Confirm if there are any advance decision(s) in place, and whether they are relevant to the decision being made.
8. Avoid restricting the person’s rights, being sure to identify and explore the least restrictive option.
9. Weigh up all factors, keeping the person’s views central to draw a conclusion.  

Example Best Interest forms include, but are not limited to;

• NHS England: Form for recording mental capacity assessment best interests decision making
• SCIE: Template report for the best interests assessment – SCIE

Related forms

Local Authority submission

This DoLS form is relevant to social workers, care coordinators, hospital care or nursing home staff if a relevant person residing at a care, nursing home or hospital is believed to be unable to consent to their care and treatment, and said care and treatment may amount to a Deprivation of Liberty.

• Application and Assessment for a Deprivation of Liberty Authorisation – ‘Capacity to consent to care and treatment at x’

Court submissions

There are four key forms that are related to the Mental Capacity Act (2005) and court submissions, mostly commonly linked to the court of protection. These can only be completed by experienced health professionals:

• COP3 – Mental Capacity Assessment, this can be for a single or multiple decisions, requiring duty care and consideration on its completion.
• PA14 – Medical Certificate that summaries a Mental Capacity determination for decision of carry out Probate.
• Certificate as to Capacity to Conduct Proceedings – Mental Capacity for Litigation, including guidance for the assessor.
• COP24 – Witness statement about a person who lacks capacity.
  • Note: this form can be used by any person called to give a witness statement, not just health professionals.