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Capacity to Marry

A very wise man once said, Love is all you need. However if there is doubt around your Mental Capacity the courts may requires mental capacity assessment as well. Nellie Supports are the experts in Mental Capacity and work from a therapeutic assessment base, ensuring your mental capacity assessment will be a relaxed conversation. 

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What the law says

Entering into a civil partnership or marriage is an important step. That’s why we’re here to support you to make your own decision with a fast, professional assessment. Our bespoke assessment is fully compliant with the Mental Capacity Act (2005) and relevant case law (Southwark v KA 2016) and includes a Montreal Cognitive Assessment (MoCA) at no extra charge.

Your Questions Answered

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  • What to expect

Our assessments usually take around an hour, and our friendly, experienced social workers do their best to make sure it's a comfortable and relaxed experience. We're accredited expert mental capacity assessors, so you're in good hands.

  • What's Included in the assessment?

Everything necessary is included, an assessment either face to face or via video link as well as a corresponding report. Where necessary our Social Workers will complete additional assessments such as a Montreal cognitive assessment and a financial decision tracker to strengthen their reports at no additional cos

 

  • Why Choose Nellie?

We have worked with official court solicitors to create a bespoke assessment report to assess and record the mental capacity of an adult to engage in court proceedings in the Family Court, the High Court, a county court, or the Court of Appeal.​

  • Who can complete a mental capacity assessment?

In cases involving complex or major decisions, you may need to get a professional opinion. The assessor must be an impartial, qualified professional, such as a doctor, nurse, or social worker.

  • Can we complete video-link or face to face assessments?

With the implementation of the Mental Capacity Amendment Bill (2019), we continue to provide video-link assessments, albeit as a last option and with a valid reason, duly recorded as evidence within our court-compliant reports

 

Accreditations

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Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles. All of our Social Workers are registered with Social Work England for your peace of mind. 

 

Our assessors are accredited Montreal Cognitive Assessment (MoCA) assessors with specific experience in completing capacity assessments and specialist reports.

All of our assessors have undergone extra training to become accredited financial vulnerability experts according to Lichtenberg standards, so they can provide even more detailed reports on mental capacity.

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CASE STUDY

Melanie lives with an acquired brain injury following a car accident; since the accident, Melanie's finances have been managed by a professional deputy.

Melanie has been together for seven years now and met ten years after the car accident. Melanie and Alan have been planning their wedding for the past two years as they would like to start a family before the couple turn 30. 

While, her solicitor, is sure Melanie does have sufficient mental capacity. Due to her deputyship order and concerns regarding her capacity based on her brain injury, her solicitor has asked Melanie to have a mental capacity assessment to evidence her capacity. 

Our Social Worker met with Melanie in her own home and spent just over an hour with our Social Worker discussing the various implications of entering into a marriage contract. 

While our Social Worker didn't get an invite to a wedding, we did receive a message to say that Melanie and Alan married 12 months later and are expecting their first child. 

Need help now?
Contact a member of our team

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