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PA14 Probate Medical Certificate
Capacity to act as an Executor
The PA14 Medical Certificate is a certificate that verifies wehether an individual has the mental capacity to act as an executor and handle the property and estate of a deceased person as an executor or administrator.
If you're feeling overwhelmed by the task of dealing with the PA14 Medical Probate Certificate, Nellie Supports is here to help.
Probate Mental Capacity Assessments
We understand that dealing with the PA14 Medical Probate Certificate can be an intimidating task, especially when GP's are unable or hesitant to assist.
Fortunately, our team of proficient and knowledgeable Social Workers are officially recognised by the Government's HM Courts & Tribunals Service to perform mental capacity assessments for this particular decision and finalise PA14 Medical Probate Certificates.
We guarantee the utmost level of care and professionalism throughout the entirety of the process, so you can trust us to provide an outstanding service.
Your Questions Answered
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What is a PA14 Medical Certificate / Probate Certificate
A PA14 Medical Certificate is a certificate completed by a health and social care professional that states a person lacks the sufficient mental capacity to act as an executor.
To secure a PA14 for probate, it is necessary to conduct a mental capacity assessment to verify that the concerned person lacks the mental ability to carry out the duties of executor or administrator for the estate of a deceased individual. Our expert Social Workers not only complete a decision-specific mental capacity assessment but also provide a full report as well as the PA14 Medical certificate.
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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.
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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 and the PA14 Medical Certificate. 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 cost.
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Why Choose Nellie?
Nellie Supports is the UK's leading private social work practice. Our team is renowned for their expertise in conducting mental capacity assessments, all while maintaining a friendly and approachable demeanor. Trust us to guide you through this process with the utmost care and professionalism.
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Who can complete a PA14 Certifciate of mental capacity?
According to Gov.UK, a qualified health and social care professional like a Social Worker can complete a PA14 medical certificate.
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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
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.
CASE STUDY
Matt was born with an acquired brain injury; for most of his life, he had lived with his mum and dad; however, when Matt's Dad passed away, Matt decided he needed additional support and didn't want to place that pressure on his elderly Mother.
Matt moved to a supported living unit where he has been living for the past seven years. Sadly Matt's Mum, Veronica, recently passed away; as an only child, Matt was the only named beneficiary in the will and was named as an executor alongside a local solicitor.
Due to Matt's acquired brain injury, the professional executor was concerned that Matt might not have sufficient capacity to manage the application for a grant or representation and contacted Matt's Local Authority Social Worker to complete a PA14 medical certificate form to evidnece Matt lacked capacity to act as an executor. Unfortunately, the Social Worker declined but did suggest Matt's GP, who initially agreed.
After three months of waiting for a response from Matt's GP, they finally came back to advise they were not able to complete the PA14 Form.
Thankfully while waiting for the GP, the solicitor contacted Nellie Supports; our team visited Matt at his home and completed a decision-specific mental capacity assessment looking at whether he had the sufficient mental capacity to act as an executor and while our SOicla Worke,r worked with Matta and offered support to make his own decision identified that he did not have sufficient capacity so completed a full report and PA14 Certficiate which were provided to the referring solicitor and allowed them to manage the estate on Matts behalf.
Frequently Asked Questions
What is an Executor?
If you want your wishes to be carried out after you’re gone, you’ve got to name an executor in your will. This can be a family member or friend, who’s responsible for doing what the will says and making sure that all your stuff is sorted out properly. Knowing it's taken care of could give you peace of mind now too!
What happens if an incapacitated Executor has a lasting power of attorney?
When an Enduring or Lasting Power of Attorney is registered, the Attorney(s) may apply for the grant of probate on behalf of the incapacitated person. Evidence of incapacity will be necessary, including a medical probate certificate (pA14) and a mental capacity assessment to prove that they have sufficient mental capacity to act as an executor.
What happens if the Executor loses capacity after the testator has passed away?
For an estate to be administered, it is necessary for the executor(s) to possess the appropriate capacity. If one executor does not have this capacity, a Grant of Probate must be made with power reserved to them. This should take place in case their capacity recovers during the course of administration.
If applicable, it may be important to check if there is an attorney appointed that can act on behalf of the executor lacking capacity; however, there is no obligation for them to do so. In situations where all other executors are unwilling or unable to act, The Non-Contentious Probate Rules 1987 (NCPR 1987) should be consulted in order to decide who would be able apply for the Grant of Probate.
What Happens if incapacitated Executor has a Deputy?
Deputyship is a legal arrangement similar to Power of Attorney, but the Deputy (similar to an Attorney) is appointed by the Court instead of the incapacitated person. Deputies who have been previously appointed cannot act as Executors for the incapacitated person, unlike in the case of Powers of Attorney.
Therefore, a Deputy must seek permission from the Court of Protection to manage the estate on behalf of the incapacitated person. However, to do so, they need a pA14 Medical Probate Certificate and a mental capacity assessment to determine whether the individual is capable of acting as an Executor.
What is capacity to act as an Executor?
Acting as an Executor of a Will requires specific knowledge of both property and financial matters, in addition to the inherent legal duties. If the named Executor notably experiences a long-term decrease in their memory or mental capability, it's possible that they no longer possess the necessary Mental Capacity required to fulfill this crucial role and manage its associated responsibilities. Assessments of Capacity are conducted under the terms outlined in The Mental Capacity Act (2005).
Who can assess mental capacity to act as an Executor and complete a PA14 form ?
If you need to complete a PA14 form, it's important to know that only registered medical healthcare professionals such as general practitioners, psychiatrists, approved mental health professionals, chartered psychologists, and social workers are authorised to do so. As registered social workers, we have the necessary qualifications and expertise to help with this task. Social workers are an important part of the authorised group of professionals who can complete a PA14 form