When an individual's decision making is contested on the grounds he or she lacked capacity at the time of making the will, a contemporaneous retrospective assessment can be undertaken by a health or social care professional.
What is Retrospective Mental Capacity Assessment?
When an individual's decision making is contested on the grounds he or she lacked capacity at the time of making a decision, a contemporaneous retrospective assessment can be undertaken by a health or social care professional.
This can involve a mental capacity assessment of the individual, reviewing medical records, and discussions with family, friends, and professionals to determine the probability of capacity at the time of the decision being made.
Depending upon the situation, a retrospective capacity assessment can include:
A Montreal Cognitive Assessment
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
Through completing these different interviews and assessments, we can achieve a thorough investigation to ascertain the probability of a person having the capacity for a specific decision at a particular time.
Retrospective assessments can be completed pre and post-mortem for a host of specific decisions.
Retrospective assessments will be completed as soon as possible, however, they are not included within our 7-day turnaround service.
The viability of a retrospective assessment is dependent upon the availability and quality of evidence provided.