Expert Mental Capacity Assessors

We know the decisions taking place are important and should not be unnecessarily delayed. That's why we aim for a 7-day turnaround for all of our assessments, from referral to the completed documents back with you. 

 

What is Testamentary Capacity?

Testamentary Capacity

 

Testamentary capacity is the term used to describe the capacity for someone to make or alter a will.

 

Our professionals ensure their assessments are completed with both the principles of the Mental Capacity act (2005) and case law (Banks v Goodfellow (1870) LR 5 QB 549).

 

The test for capacity to execute a valid will is based in case law is:

 

  • Understand the nature of making a will and its effects.

  • Understand the extent of the property of which they are disposing.

  • Be able to comprehend and appreciate the claims to which they ought to give effect.

  • Have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by will

 

What is COP3?

Court of Protection (COP3)

 

When applying for deputyship to the court of protection, the courts require a mental capacity assessment to be completed by a health and social care professional. This is commonly referred to as a COP3.

 

Our Social Workers are experienced experts in assessing capacity and understand that an efficient service means clients can be safeguarded, we aim to have a turn around of 7 calendar days from referral to completion.

What happens if the person has capacity?

A CoP3 form is designed to evidence a lack of capacity, however as per the principals of the Mental Capacity Act (2005) we always assume capacity.

If a person does have capacity then we can still complete a COP3, although as this only shows limited information we would also provide a full mental capacity assessment report at no additional cost. 

 

Capacity to Grant Lasting Powers of Attorney

There are two types of lasting power of attorney, 

 

  1. Property and Financial Affairs

  2. Health and Welfare

The Mental Capacity Act (2005) states that capacity is "decision specific" and as such, each lasting power of attorney application requires a separate assessment.

To arrange a Lasting Power of Attorney, either health or financial, you must have the mental capacity to do so if the donor's (the person seeking the LPA) capacity is in doubt a formal capacity assessment should take place. 

  • you understand the significance of the LPA

  • you have not been put under pressure to make it

  • there has been no fraud involved in making the LPA

  • there is no other reason for concern

 

Capacity to Gift

The High Court held that the test to establish mental capacity to make lifetime gifts is the common law test, applying the principles set out in Re Beaney [1978] 1 WLR 770, not those set out in the Mental Capacity Act (2005)

 

As such our Social Workers ensure this case law is applied throughout our assessment to ensure the relevant evidence is gained

 

The test is whether an individual would have been capable of understanding the effect of making the transaction if the consequences had been fully explained to him or her.

Depending on the specific nature of your gift this could include your capacity to understand:

  • what the gift is you are making

  • the value of the gift

  • why you are making the gift

  • The implications of making the gift

Our assessments are person-centred and therapeutic in nature ensuring every practicable step is taken in supporting you in your decision making. 

 

Health and Welfare Decisions

We complete independent assessments for a wide variety of clients from local authorities, to solicitors to individuals.

 

When it comes to Health and Welfare decisions, there are many different reasons an assessment may be needed to be carried out, for example:

A specific decision being made i.e. moving into a care home

  • To allow health and welfare attorneys to act.

  • Evidence for tribunals

  • Evidence for Best Interest decisions

  • Court of Protection (COP3) Applications

Our assessments are person-centred and therapeutic in nature ensuring every practicable step is taken in supporting you in your decision making. 

 

Decision Specific Assessments

The Mental Capacity Act (2005) states that the assessment of capacity should be decision specific.

 

We are able to assess an individual for any decision where there is a particular concern this could be:

  • Capacity to marry / divorce

  • Capacity to Divorce

  • Capacity on where a person resides

  • Capacity to create a Trust 

  • Capacity to act as a Trustee

All of our assessments are compliant with the Mental Capacity Act (2005) and based upon the Social Care Institute for Excellence guidelines for best practice Mental Capacity Assessments

 

Our assessments are person-centred and therapeutic in nature ensuring every practicable step is taken in supporting you in your decision making. 
 

 

Contact Us

0333 987 5118

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Registered Address: Grantham, Lincolnshire. Company registration number. 11803393

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