How to Instruct Mental Capacity Assessors? | Interview with Tim Farmer

What You’ll Learn in This Video

How to Instruct Mental Capacity Assessors

 

In this insightful interview, Court of Protection partner, Holly Miéville-Hawkins sits down with Tim Farmer, award-winning mental capacity assessor and author of Grandpa on a Skateboard, to explore the crucial topic of mental capacity assessments.

 

Tim shares his expert perspective on:

 

  • What “mental capacity” really means (and how it differs from mental health or vulnerability)
  • The process of assessing capacity under the Mental Capacity Act 2005
  • Why assessments are decision-specific and context-dependent
  • Practical methods to support individuals during assessments (communication techniques, scaffolding, use of visual aids, interpreters, etc.)
  • The importance of distinguishing between micro and macro decisions in relation to memory and recall
  • How assessors balance family/carer involvement while avoiding coercion or undue influence
  • What information professionals should provide before an assessment to ensure robustness
  • Why properly conducted assessments are “worth their weight in gold” in legal and care settings

 

Tim also offers valuable guidance on:

 

  • Handling refusal of assessments
  • Considering foreseeable consequences of decisions (or indecision)
  • The role of medical background and records in capacity assessments
  • How long assessments typically take, and when multiple assessments may need to be split over several sessions

Whether you are a solicitor, carer, healthcare professional, or family member navigating complex decisions, this conversation provides practical and legal insights into ensuring capacity assessments are thorough, fair, and defensible in court.

 

About Tim Farmer:

 

Tim is a renowned specialist in mental capacity assessments with decades of experience. He is also the author of Grandpa on a Skateboard, a bestselling guide to understanding capacity.

Tim’s website: https://www.timfarmer.co.uk/

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