Revisiting the Past: Why You may need Retrospective Mental Capacity Assessments in London

funmi sobanke
3 days ago
2 min read

man and older woman (possible grandma) hugging and laughing

In most major cities like London, Cardiff, New York or Tokyo, life moves fast. Decisions are made, agreements are signed, promises kept or sometimes questioned. So what do we do when someone’s ability to make a decision, at the time it was made, comes under scrutiny?

Perhaps it’s a will that doesn’t quite reflect what the family expected. Or a property transfer that now raises eyebrows in the eyes of the law. Oftentimes, the individual at the centre of it all may no longer able to explain their reasoning at the time or, sadly, no longer with us.

This is where a retrospective mental capacity assessment becomes so important. And in cities like London, where personal histories, large fortunes and legal complexities often overlap, they can be the missing piece needed to understand the full picture.

What Is a Retrospective Capacity Assessment?

Put simply, it’s the evaluation of someone’s capacity to make a decision in the past. Unlike most assessments we do for current decisions, retrospective ones require us to look back through medical notes, GP records, letters, statements, timelines, and often, memories.

We might be asked to review a decision about:

Making or amending a will
Gifting property or money
Consenting to treatment during a medical crisis
Entering into a financial agreement

In many cases, these assessments support probate disputes, safeguarding concerns, or Court of Protection cases especially in areas where legal proceedings often involve complex family dynamics or high-value assets.

Our role is to approach each case with care. We don’t make assumptions. We gather facts. We work closely with families, solicitors, and professionals across Greater London to create a report that is fair, evidence-based, and focused on the individual behind the paperwork.

When we’re asked to assess capacity from months or even years ago, we look for:

The type of decision made
The context in which it was made
The information the person had access to
Any signs of cognitive decline, illness, or influence

We listen, we investigate, and we tell the story as accurately as possible.

Why It Matters

Having an independent assessment done by professionals who understand both the legal framework and the emotional weight of these decisions brings not just clarity, but peace of mind.

No one wants to challenge a loved one’s choices. But sometimes, questions need answering. And sometimes, fairness means revisiting the past quietly, respectfully, and with the right expertise.

If you're based in London and facing uncertainty around a past decision whether personal, financial, or legal; we’re here to help

Based in England or Wales?

Nellie Supports provides decision-specific mental capacity assessments including retrospective mental capacity assessments across the city of London and are present throughout England and Wales. We offer: