Representatives from OSAB partner agencies have collated example questions that can be considered to support staff to complete robust mental capacity assessments related to some common decisions. The decisions included are:
- Care and Support Needs
- Finances
- Lasting Power of Attorney - Finances and Estate
- Lasting Power of Attorney - Revoking
- Litigation/Being Able to Litigate
- Making or Altering a Will
- Residency
- Residing with a Person
- Sexual Relationships
- Tenancy Agreements
- Social Media Usage
Please note, these questions are not prescriptive and staff are likely to ask less or more questions based on the person. In addition, staff are likely to need to do more research on questions they may want to ask or tools they may want to use when carrying out a mental capacity assessment, depending on the specific decision.
OSAB Mental Capacity Assessments Guidance - What Questions Should I Ask.pdf
