The use of neuroscience and psychological measurement in England’s Court of Protection

The Court of Protection (CoP) of England and Wales was established in its current form as a specialised court dealing with matters arising from the Mental Capacity Act 2005 (MCA 2005).  Structured testing of brain and psychological function is used in limited ways in the Court of Protection. Whilst there are challenges in creating measures of capacity, this article highlights an opportunity for the neuroscience community to improve objectivity in assessment, inside and outside the courtroom.