If you can answer ‘yes’ to all of the above questions without hesitation, and the issue has not been raised by anyone else, then there is no objective justification for seeking a capacity assessment, notwithstanding a known mental health condition. If the answer to one of the above questions is ‘no’ or ‘don’t know’ then you should seek a capacity assessment, following the steps in Part 4 below. Your answers to the 4 questions above, and your reasoning should be documented in a casenote.