ABSTRACT
Some of the most difficult situations arise when someone does not want to complete a capacity assessment or is ambivalent about the assessment or outcome. Although there is some guidance about this in the Mental Capacity Act (MCA, 2005) Code of Practice (2007), it is only through clinical experience that one should start to build up ideas of what to do when this happens. There may be many reasons why someone does not want to engage in an assessment of her mental capacity. Assessors need to keep in mind that the mental capacity laws were introduced to empower and protect vulnerable people, and so the assessment should also empower the person and not make her feel threatened or evoke negative emotions. It is important to repeat the assessment with the other staff or family member present on another occasion to assess for consistency following the change of heart.
