MENTAL CAPACITY GUIDANCE NOTE: Mental Capacity for Care Providers

23rd June 2026

This guidance note is for provider settings such as care homes and supported living placements in England about:

(a) when is it necessary to carry out and record a formal assessment of a person’s mental capacity, and in relation to which decisions;

(b) the difference between informally considering capacity as part of good care practice, and formally recording a capacity determination;

(c) when a formal written record is and is not required;

(d) how providers should approach capacity across the domains of a care plan; and

(e) what providers should do if they receive advice from a CQC inspector or local authority quality monitoring officer that appears to go beyond what the law requires.

Click HERE to read our guidance note.

 

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