Assessment of capacity for Welfare Guardianship needs to consider the person’s ability to make decisions concerning their health, safety and welfare. Following Acquired Brain Injury it is important to consider how physical, cognitive and communicative impairments may impact upon their ability with regard to welfare matters. It may also be important to consider psychological factors.

The assessor should consider the following points.

Explore the person’s understanding of their current personal circumstances (insight). Ask about:

  • Current living arrangements and support for activities of daily living.
  • Their own view of their health and any disability ( e.g. cognitive difficulties).
  • Their understanding of the informal support and formal services they receive.
  • If the person does not mention relevant facts, bring these to their attention and ask for their views.
  • Note any substantial discrepancies between the person’s account of their circumstances and the account of those closest to them (e.g. family, carers).

The assessor should be mindful of the need to gather evidence of hidden difficulties. Therefore, to ensure a reasonably accurate assessment, it is helpful to ask family/carers the following questions:

  • Does the person admit to any problems in meeting personal care needs? If so, do they seek appropriate assistance from others?
  • Is there evidence of change in the person’s ability to self-manage? E.g. has there been deterioration in their appearance, self-care, ability to manage their home (e.g. house less clean than before), ability to shop and cook.
  • Does the person recognise risky situations and respond accordingly? Could the person access help in an emergency?
  • Does the person encounter safety or physical health risks because of memory or other cognitive problems?
  • Are there examples of person making apparent irrational or illogical decisions (unwise decisions), which had an adverse impact on their personal care, physical safety or wellbeing?
  • Has there been any personality changes that affect their ability to manage everyday relationships?

Please click on the following links for more information:

Scottish Government: Adults with Incapacity: Guide to Assessing Capacity

Mental Welfare Commission for Scotland: Welfare Guardianship