Using a semi-structured interview to assess capacity

The original semi-structured interview in the research project was to assess discharge destination, which often includes the care required on discharge, and it has been adapted to assess various different questions, such as managing finances, drinking alcohol, admission for care and treatment, treatment decisions, and making or revoking a Lasting Power of Attorney. The semi-structured interview is not to replace the legal test of mental capacity or formal documentation produced by organisations, but it can be used to gain insight into the person’s thought processes and to help the assessment of the four-part functional legal test. There are several methods of assessing someone’s mental capacity, such as using vignettes or a standard questionnaire measure or having a structured conversation. All of these have their place in different circumstances but, when assessing mental capacity around decisions that have serious consequences, one of the most useful and flexible tools to use is a semi-structured interview.