Retrospective CHC claims after the person has died
A CHC question can sometimes be considered after a person has died. Establish the dates, any earlier decisions and who has authority to apply. In England, a previously unassessed period…
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Retrospective assessment
Browse guidance and practitioner perspectives on retrospective assessment. The articles below explain the relevant questions, evidence and practical considerations; check each article's date, sources and jurisdiction.
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How retrospective CHC decisions are made
A retrospective CHC assessment considers needs during an identified past period using available records and relevant accounts. For previously unassessed care in England from 1 April 201…
Read moreEvidence needed for a retrospective CHC claim
A retrospective claim is decided almost entirely on records written at the time. Nobody is assessed now for how they were then, so the case is built from documents rather than from an a…
Read moreTime limits on retrospective CHC claims
The time rules depend on the CHC route and care dates. In England, current PUPoC guidance covers previously unconsidered care from 1 April 2012 without a general application cut-off. Ol…
Read moreRetrospective CHC Claims Explained
A PUPoC request asks an ICB in England to consider past care that should have been considered for CHC but was not. Current guidance covers periods from 1 April 2012 where the person ful…
Read moreEvidence needed for a retrospective capacity opinion
A retrospective opinion draws on the decision documents, contemporaneous health and professional records, the person’s own communications and witness accounts. Weight depends on relevan…
Read moreLimits of retrospective mental capacity evidence
A retrospective opinion may be unable to reach a firm conclusion where records are incomplete, capacity fluctuated or the relevant moment was not documented. It should distinguish evide…
Read moreRetrospective capacity in disputed transactions and wills
A retrospective opinion examines capacity for an identified act at a past date. Its reliability depends on the correct legal test, the surviving evidence and clearly stated limitations.
Read moreRetrospective testamentary capacity and disputed wills
A retrospective testamentary opinion applies Banks v Goodfellow to the relevant will-making dates using the will file, medical and care records, and witness evidence.
Read moreWhat is a retrospective mental capacity assessment?
A retrospective capacity opinion reconstructs a specific decision at a past date from records and accounts. It must identify the applicable legal test and the limits of that evidence.
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