What is a mental capacity assessment?

A mental capacity assessment is a process that is conducted to determine how well an individual is able to make decisions, based on their mental health. This assessment is particularly important when considering issues of legal capacity, as it assesses an individual’s ability to understand and carry out certain tasks. In New Hampshire, mental capacity assessments are used to help determine whether an individual needs a guardian or conservator, as determined by state law. During a mental capacity assessment, a doctor, social worker, or another healthcare professional assesses the individual’s ability to understand, remember, reason, and act upon information. This includes tasks such as decision-making, understanding the consequences of decisions, and understanding the significance of contracts or other legal documents. This type of assessment is important for ensuring that decisions made about an individual’s health and welfare are made in their best interest and that the individual’s rights are protected. The results of a mental capacity assessment also enable the court to better assess the individual’s level of capacity and decide if they can make decisions related to their health and welfare independently. A mental capacity assessment is critical to making sure that an individual’s mental health is taken into account when making decisions about their health and welfare in New Hampshire.

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