What specific criteria should I use to assess a patient's mental capacity in a primary care setting?

Guideline-aligned answer with reasoning, red flags and references. Clinically reviewed by Dr Kola Tytler MBBS CertHE MBA MRCGP.

Posted: 22 August 2025 Guideline-Aligned (High Confidence) Clinically Reviewed
Dr Kola Tytler MBBS CertHE MBA MRCGPClinical Lead • iatroX

To assess a patient's mental capacity in a primary care setting, use the following specific criteria based on the Mental Capacity Act 2005 and UK guidelines:

  • Assume capacity initially: A person must be assumed to have capacity unless it is established otherwise on the balance of probabilities .
  • Decision-specific assessment: Capacity must be assessed in relation to the particular decision at the time it needs to be made .
  • Identify impairment or disturbance: Confirm that any inability to make the decision is due to an impairment or disturbance in the functioning of the mind or brain .
  • Assess understanding: Determine if the person can understand the information relevant to the decision, including the salient factors and options available .
  • Assess retention: Check if the person can retain that information long enough to make the decision .
  • Assess weighing up: Evaluate whether the person can use or weigh that information as part of the decision-making process .
  • Assess communication: Confirm the person can communicate their decision by any means, including verbal, non-verbal, or other forms .
  • Support and reasonable adjustments: Ensure all practicable steps have been taken to support the person’s decision-making, such as using communication aids, involving trusted individuals, or adjusting timing and environment .
  • Do not judge based on perceived wisdom: Do not assume lack of capacity because the decision seems unwise or risky .
  • Use a collaborative, person-centred approach: Conduct the assessment respectfully, non-judgmentally, and in a way that preserves dignity, involving others as appropriate .

These criteria should be applied proportionately to the complexity and significance of the decision, and the assessment should be documented clearly .

Educational content only. Always verify information and use clinical judgement.