
Exploring the Mental Capacity Advisory Group’s Latest Documents
Testamentary and sexual capacity
13 May 2025
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The Mental Capacity Advisory Group (MCAG) has recently released two important documents aimed at supporting psychologists in assessing mental capacity: one on testamentary capacity (capacity to make a will) and one on the capacity to engage in sexual relations. These documents, developed through a collaborative effort, offer best practice guidance to ensure psychologists can conduct thorough and ethical assessments.
Why these documents matter: Best practice guidance
These documents serve as essential tools for psychologists, offering clarity on how to approach complex capacity assessments. By following these guidelines, psychologists can conduct more accurate and ethical assessments.
Testamentary capacity: Assessing the ability to make a will
The Testamentary Capacity document offers detailed guidance on assessing whether an individual has the mental capacity to create or alter a will. It emphasises understanding the person's estate, knowledge of beneficiaries, and the consequences of their decisions. The guidance stresses the importance of a comprehensive evaluation that goes beyond cognitive functioning, considering emotional and psychological factors as well.
Capacity to engage in sexual relations
The Capacity to engage in sexual relations document provides a framework for assessing whether someone has the mental capacity to understand and consent to sexual activity. It addresses the complexities of consent in situations involving mental health issues, cognitive decline, or neurodevelopmental disorders. The document highlights the ethical responsibilities psychologists have when assessing capacity to engage in sexual activity, ensuring that these evaluations are thorough and respectful.
Upcoming CPD event: Mastering capacity assessments
To further support professional development, the MCAG will be hosting a CPD (Continuing Professional Development) event later this year, focusing on what makes a good capacity assessment. Future events will delve deeper into the guidelines outlined in the testamentary and sexual capacity documents and provide practical insights for conducting robust assessments. More details will be released soon.
A collaborative effort for best practices
The MCAG is made up of professionals from psychology and healthcare, working together to create clear, evidence-based guidelines. Their aim is to provide resources that help psychologists navigate complex capacity assessments, ensuring high-quality, consistent practices across the field. The release of these two documents reflects the group's commitment to improving the integrity of capacity assessments.
Conclusion: Advancing mental capacity assessments
The release of these two documents represents a significant step in improving mental capacity assessments, equipping psychologists with the resources they need to make informed, ethical decisions. As we look forward to the upcoming CPD event, we encourage all psychologists to familiarise themselves with these best practice guidelines and stay engaged with the MCAG's ongoing work.
Stay tuned for more information on the CPD event - watch this space!