Retrospective Mental Capacity Assessment


What is retrospective capacity?

When an individual’s decision-making is contested on the grounds they lacked capacity at the time of making a decision, we can provide a retrospective assessment to identify their capacity. This can include a mental capacity assessment of the individual, reviewing medical records, and discussions with family, friends and professionals.


What can a retrospective assessment include?


Depending on the situation, a retrospective capacity assessment can include:


  • A Montreal Cognitive Assessment (MoCA)

  • A transaction specific Financial Vulnerability Assessment

  • A transaction specific Family and Friends Interview

  • A review of medical records

  • A Mental Capacity Assessment in line with the Mental Capacity Act (2005) and relevant case law



By completing these different interviews and assessments, we can carry out a thorough investigation and ascertain the probability of the individual having the capacity for a specific decision at a specific time. Retrospective assessments can be completed pre and post-mortem for a range of specific decisions.


Financial Decision Tracker

Not only does our assessment include a rpeort evidencing your capacity but where appropriate we also include a financial decision tracker at no additional cost. 

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