Practice Policy: Legal Capacity Assessments

GPs are frequently asked to carry out capacity assessments for a variety of reasons. As part of our core NHS responsibilities, we are fully committed to assessing capacity for decisions related to medical treatment, care, and investigations.

However, capacity assessments relating to wider issues such as finances, property, and overall welfare are often more complex and fall outside the expertise and remit of NHS General Practice. These assessments carry significant legal and financial implications — for example, decisions about selling a home or managing life savings — and require specialist knowledge and training.

Such assessments are not part of NHS contractual duties. While some GPs may choose to carry out these assessments privately, many do not, due to the time, expertise, and legal responsibility involved. There are other professionals, such as solicitors and psychiatrists, who are specifically trained and legally protected to undertake this type of work. Although we cannot recommend a specific company, there are many companies and organisations that provide these assessments – that can be found with an online search for ‘financial capacity assessments, Dorset’

As a practice, we have decided not to offer legal capacity assessments. Providing this service would divert significant resources away from our core NHS responsibilities and expose GPs to legal and financial risk. We believe that patients are best served by seeking these assessments through professionals with the appropriate training and legal safeguards.

We understand this may cause some inconvenience and appreciate your understanding. Our priority remains delivering safe, effective, and accessible care within the NHS. Should the wider funding situation in General Practice improve in future, we may review this position.

Yours Sincerely,

The Partners 
Weymouth Bay Medical Practice