Mental Capacity Assessments
in Birmingham & the West Midlands

Why Choose A Mental Capacity Assessment?

Halcyon Doctors provides private mental capacity assessments in Birmingham and across the West Midlands for families, solicitors, attorneys, deputies and other professionals who need a clear medical opinion on a person’s ability to make a particular decision. Our independent doctors carry out structured assessments and prepare detailed reports for legal, financial, welfare and care related matters. Appointments can be arranged at suitable locations throughout the region, subject to specialist availability.

Our mental capacity assessments can determine whether an individual is able to:

Retrospective Capacity Assessments

We also provide retrospective capacity assessments when an expert medical opinion is required on whether an individual had capacity to make a particular decision at an earlier point in time.

If you need an independent specialist assessment in Birmingham or the West Midlands, our team is here to help.

How is Mental Capacity Assessed?

A mental capacity assessment considers whether a person can make a specific decision at the time that decision needs to be made. The doctor will assess whether the individual can understand the relevant information, retain it for long enough, use or weigh it when reaching a decision, and communicate their choice.

Capacity is not a general judgement about a person’s abilities. Someone may have capacity to make one decision but not another, and their capacity can be affected by the timing of the assessment, their health and the support available to them.

The assessment therefore considers whether the person can:

Every assessment focuses on the particular person, decision and circumstances. This helps ensure that the opinion is fair, evidence based and relevant to the matter being considered.

How the Process Works

Initial Enquiry

We discuss the decision that needs to be assessed, why an assessment is required and any legal, medical, care or family circumstances that may be relevant.

Background Review

Where appropriate, the doctor reviews medical records, solicitor instructions, care notes, legal documents and other supporting information before the appointment.

Assessment Appointment

The assessment is carried out by a suitable doctor. Depending on the individual’s circumstances, it may take place at home, in a care home, in hospital, at a solicitor’s office or in another appropriate setting in Birmingham or the West Midlands.

Written Report

After the appointment, we provide a clear written report explaining the evidence considered, the relevant legal test and the doctor’s professional opinion.

Further Support

Where required, we can liaise with solicitors, attorneys, deputies, family members and other professionals involved in the matter.

Types of Mental Capacity Assessments we Provide in Birmingham and the West Midlands

LPA Capacity Assessments

For individuals who wish to make or revoke a Lasting Power of Attorney where there are questions about understanding, consent, undue influence or the risk of a future legal challenge.

Testamentary Capacity Assessments

For individuals making or changing a Will, particularly when there is cognitive impairment, a dementia diagnosis, a family dispute or a concern that the Will could later be challenged.

COP3 Court of Protection Assessments

For Court of Protection applications requiring an expert opinion on a person’s ability to make decisions about property, finances, health or welfare.

Capacity to Manage Financial Affairs

For decisions involving banking, investments, property, pensions, deputyship or everyday financial management.

Capacity to Decide Where to Live or Receive Care

For decisions concerning care homes, supported living, hospital discharge, home care or longer term care planning.

Capacity to Make a Gift

For substantial financial gifts where there may be concerns about the person’s understanding, vulnerability, external pressure or the possibility of a future dispute.

Litigation Capacity

For people involved in legal proceedings where it is necessary to establish whether they can instruct a solicitor and participate effectively in the process.

Retrospective Capacity Assessments

For matters requiring an opinion on whether someone had capacity at an earlier date, often in relation to a Will, gift, property transfer or other legal document.

Our Specialists in Birmingham and the West Midlands

We match each patient with the most suitable Halcyon Doctor according to the type of assessment required, the doctor’s clinical specialism, the location of the appointment and any spoken language requirements. Find a Halcyon Doctor serving Birmingham and the West Midlands below.

Professor Farooq Khan

COVERING:

CONSULTANT PSYCHIATRIST

MBBS MD FRCPsych FIPS MSc Med Ed

Professor Farooq Khan is a senior NHS Consultant Psychiatrist and Visiting Professor with extensive clinical and medico-legal experience in the assessment of psychiatric disorders, cognitive impairment, dementia and neurodegenerative conditions. He provides independent expert psychiatric opinion across a wide range of legal settings, including civil litigation, Court of Protection matters, professional regulatory cases, and complex capacity assessments.
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Professor Farooq Khan

Professor Farooq Khan

CONSULTANT PSYCHIATRIST

MBBS MD FRCPsych FIPS MSc Med Ed

COVERING:

Professor Farooq Khan is a senior NHS Consultant Psychiatrist and Visiting Professor with extensive clinical and medico-legal experience in the assessment of psychiatric disorders, cognitive impairment, dementia and neurodegenerative conditions. He provides independent expert psychiatric opinion across a wide range of legal settings, including civil litigation, Court of Protection matters, professional regulatory cases, and complex capacity assessments.
Read more

Why Choose Halcyon Doctors?

White stethoscope icon on teal background

Halcyon Doctors provides independent, specialist led mental capacity assessments intended to bring clarity to important and often complex decisions. Each assessment is carefully planned around the individual, with a clear medical opinion and a report suited to the legal, financial or care context in which it will be used.

Thorough Assessments by Expert Medical Professionals

Our specialists carry out comprehensive assessments lasting up to 120 minutes, considering cognitive, psychological and physical health alongside the specific decision in question. A streamlined assessment may be available where suitable recent clinical evidence is already available.

Reports That Integrate within Legal Processes

Our doctors record their findings clearly and apply the relevant legal test so that the resulting opinion can be understood and relied upon by those involved. Where appropriate, we can act as an LPA certificate provider, complete a COP3 form or witness a Will.

Combined Medical and Legal Knowledge

We consider any health conditions, treatment options, communication needs and the most appropriate timing for the appointment. This helps provide the individual with suitable support and the best opportunity to demonstrate their ability to make the decision being assessed.

- Solicitor, Osbornes LLP

“I was very pleased and impressed with the service you provided.”

Where Do We Cover?

Halcyon Doctors provides mental capacity assessments in Birmingham and throughout the West Midlands. Subject to specialist availability, our doctors can attend suitable locations including private homes, care homes, hospitals, solicitors’ offices and other professional settings.

We can support clients in Birmingham, Solihull, Sutton Coldfield, Coventry, Wolverhampton, Walsall, Dudley, Sandwell, West Bromwich and surrounding areas. When you contact us, we will identify the most suitable doctor based on the assessment required, your location, the relevant clinical specialism and availability.

Halcyon Doctors also provides mental capacity assessments across England and Wales. If an appointment is required outside the West Midlands, our team can help identify an appropriate specialist for your needs.

How Can I Learn More?

Find out more about our mental capacity assessment services and transparent pricing on our Capacity Services page. If you would like to discuss a case or arrange an appointment in Birmingham or the West Midlands, please contact our team.

- Solicitor, Charles Russell
Speechlys LLP

“Dear [Halcyon Doctor], thank you for the comprehensive report on Mrs H’s capacity. I am very glad to have received such a detailed report, which chimed with my own view that Mrs H has full capacity.”

Frequently Asked Questions

Kingfisher bird illustration

What is a mental capacity assessment?

A mental capacity assessment considers whether a person can make a specific decision at the time it needs to be made. It is not a general judgement based on a person’s age, diagnosis or overall abilities. The assessment considers whether they can understand, retain, use or weigh the relevant information and communicate their decision.

The appropriate assessor depends on the decision and the purpose for which an opinion or report is required. For complex legal, financial, medical or disputed matters, it is often appropriate to instruct an experienced doctor, psychiatrist, geriatrician or another suitably qualified professional.

An assessment may be required if there are concerns about someone’s ability to make or change a Will, create or revoke an LPA, manage finances, sell property, make a significant gift, decide where to live, consent to care or take part in legal proceedings.

Yes. Where appropriate, Halcyon Doctors can carry out an assessment and complete a COP3 form to support a Court of Protection application. The doctor provides an expert opinion on whether the person can make the specific decision relevant to the application.

Yes. A diagnosis of dementia does not automatically mean that someone lacks capacity. Capacity is specific to the decision and the time at which it must be made, so a person may be able to make some decisions but not others. The assessment must consider their abilities in relation to the particular decision in question.

An assessment can often be arranged at the person’s home, care home, hospital, solicitor’s office or another suitable location. The setting should help the individual feel comfortable, provide any appropriate support and allow the assessment to be conducted fairly and sensitively.

Yes. A retrospective assessment considers whether a person had capacity at an earlier point in time, often in connection with a Will, gift, property transaction or legal document. The doctor will usually need to review medical records, legal documents and other evidence relating to the relevant period.

The appointment length depends on the complexity of the decision, the person’s needs and the background evidence that must be considered. Some assessments are relatively straightforward, while complex legal or medical matters may require a longer appointment and a more detailed report.

Contact us

For enquiries or instructions,
please get in touch with us today.

Call Halcyon Doctors on:
0203 7000 163
or email us at:
[email protected]