SLTs play a crucial role in mental capacity assessments because capacity decisions depend heavily on communication.

The Mental Capacity Act requires assessors to support a person to understand, retain, weigh up and communicate a decision, all of which rely on cognitive‑communication skills that are often affected after an ABI.

SLTs are uniquely trained to identify whether difficulties arise from language, attention, memory, executive functioning or expressive communication, and to adapt the assessment so the person can demonstrate what they truly know and think.

Without this specialist input, individual’s risk being judged on their communication impairment rather than their decision‑making ability, making SLT involvement essential for fair, accurate and legally robust capacity assessments.

Capacity assessments are completed in line with the Mental Capacity Act (2005) and its Code of Practice. Areas of assessment may include:

• Capacity to make decisions about care, residence, therapy or daily living.
• Capacity for financial decisions.
• Capacity for litigation.
• Communication‑accessible assessment approaches for individuals with cognitive‑communication needs.

Reports are clear, structured and suitable for legal, clinical or case management contexts.

If you would like to discuss how specialist ABI speech and language therapy can support you or your client, please get in touch using the form below.