Retrospective Mental Capacity Assessments - Court-Ready Expert Reports
Expert, Evidence-Based Reports for Legal Disputes
Retrospective mental capacity assessments determine whether someone had the capacity to make a specific decision at a particular point in the past. Our expert reports are used in will disputes, insurance claims, healthcare decisions, financial disputes, contractual capacity questions, and family law cases. All assessments are CPR Part 35 compliant, court-ready, and delivered within 5 working days.
We've conducted 6,000+ mental capacity assessments across England and Wales. Our multidisciplinary team of qualified social workers, psychologists, and medical professionals brings 50+ years of combined expertise to every retrospective case. Whether you're a solicitor, executor, insurance company, or healthcare provider, we provide the expert evidence you need to resolve disputes and inform critical decisions.
Fixed fee: £3,245 (exclusive of VAT). Same-day response to enquiries.
Trusted by Thousands. Guided by Experience. Committed to You.
6,000+
6,000+ Assessments Delivered
50+ Years
Combined Expertise
99%
Client Satisfaction
100%
Coverage of England & Wales
4.9 ⭐
When You Need a Retrospective Mental Capacity Assessment
A retrospective mental capacity assessment determines whether someone had the capacity to make a specific decision at a particular point in the past. Unlike a standard capacity assessment (which evaluates current capacity), a retrospective assessment uses historical evidence to establish what someone's cognitive and functional abilities were at a specific moment in time.
Capacity is decision-specific. Someone may have had capacity to make a financial decision but not a healthcare decision. They may have had capacity at one point in time but not another. A retrospective assessment focuses on a specific decision at a specific time, using evidence from that period to reach a conclusion.
These assessments are used when decisions made in the past are now being questioned or disputed. Common reasons include will challenges, insurance claims, healthcare disputes, financial disagreements, and contractual capacity questions. Our expert reports are CPR Part 35 compliant, court-ready, and provide the evidence needed to resolve disputes and inform critical decisions.
When, Where, Who & How Much — Your Retrospective Assessment Questions Answered
When You Need a Retrospective Assessment & Timeline
A retrospective mental capacity assessment is appropriate when past decisions are being questioned or disputed. Here are common scenarios:
-
Will & Probate Disputes
When a will is challenged on grounds that the person lacked capacity when it was made, or when executors need to establish testamentary capacity before distributing an estate.
-
Insurance & Personal Injury Claims
When capacity to make a financial decision (accepting a settlement, making a claim) is questioned, or when insurers need evidence of capacity at the time a decision was made.
-
Healthcare Decisions
When there's dispute over whether someone had capacity to consent to or refuse medical treatment, surgery, or care home placement at a specific point in time.
-
Financial Disputes
When gifts, loans, investments, or financial transactions are later contested on grounds that the person lacked capacity when they made the decision.
-
Contractual Capacity
When someone's capacity to enter into a contract, employment agreement, or property transaction is questioned.
-
Divorce & Family Disputes
When decisions made during separation or divorce proceedings are questioned on grounds of incapacity.
Timeline & Turnaround
Initial Enquiry – Contact us with details of your case. We respond within 24 hours.
Assessment Proposal – We discuss your situation, confirm we can help, and provide a fixed-fee proposal in writing. This typically takes 2-3 working days.
Document Collection – You provide all relevant documents (medical records, care notes, solicitor correspondence, financial records, etc.). Gathering comprehensive documentation from multiple sources typically takes 2-3 weeks.
Assessment & Report Writing – Once we have all documentation, we conduct structured interviews with relevant professionals, carers, or family members, analyse the evidence against Mental Capacity Act 2005 standards, and write your court-ready report. This takes 5-7 working days.
Peer Review – Every report is reviewed by senior team members to ensure quality, legal robustness, and defensibility. This takes 2-3 working days.
Report Delivery – Your final, peer-reviewed report is delivered.
Total Timeline: 4-5 weeks from initial enquiry to report delivery. This is a rough guideline and depends on how quickly documents are gathered from multiple sources and the extent of documentation to review. Complex cases with multiple decision periods or large volumes of records may take longer.
If you're facing an urgent deadline, let us know. We can discuss expedited options, though this may impact the timeline.
Where Do We Conduct the Assessment?
Retrospective capacity assessments are primarily desktop-based. We don't need to meet with the individual to conduct a retrospective assessment because we're analysing historical evidence, not current capacity.
What Desktop-Based Means
We review and analyse all relevant documents from the relevant time period:
-
Medical records from the NHS, private healthcare providers, or care facilities
-
Care notes and support plans from social services or care providers
-
Solicitor correspondence and legal documents
-
Financial records, bank statements, or transaction history
-
Witness statements from professionals, carers, or family members
-
Any other relevant documentation that sheds light on the individual's capacity at the specific time
We conduct structured interviews with people who were involved at the time—healthcare professionals, social workers, carers, family members—to gather context and corroborate the documentary evidence.
Optional: Contemporaneous Assessment
In some cases, we can also conduct a present-day assessment (meeting with the individual today). This is useful when:
-
You need additional supporting evidence to strengthen the retrospective analysis
-
There are ongoing concerns about current capacity that relate to the historical decision
-
Present-day functioning can shed light on the historical picture
-
A contemporaneous assessment adds £496 to the fee and typically takes 1-2 weeks to schedule.
Nationwide Coverage
We serve clients across England and Wales. Whether you're in London, Manchester, Cardiff, or rural areas, we can conduct your retrospective assessment. All interviews and consultations can be conducted remotely via video call or telephone if preferred.
No Travel Fees for Desktop Assessments
Because retrospective assessments are desktop-based, there are no travel costs. You pay the fixed fee of £3,245—nothing more. Additional charges may apply for additional contemporaneous assessments.
How Much Does a Retrospective Mental Capacity Assessment It Cost & What's Included?
When someone you care about can no longer manage their money independently - whether due to dementia, brain injury, or another condition - understanding their mental capacity becomes essential. Not just for legal compliance, but for protecting their dignity, autonomy, and financial security.
A mental capacity assessment for managing finances evaluates whether a person has the ability to make decisions about their property and financial affairs. This includes understanding their bank accounts, property, income, and expenditure - and being able to use that information to make informed choices.
These assessments are needed when:
-
Banks require proof of incapacity before activating a Lasting Power of Attorney (LPA)
-
Families need to apply for Court of Protection deputyship to manage finances legally
-
Solicitors require capacity evidence for statutory wills or financial gift applications
-
Local authorities need formal assessments for safeguarding or care planning purposes
Our assessments are conducted by registered social workers with extensive experience in mental capacity law. Every report is court-ready, CPR Part 35-compliant, and written in clear, accessible language that courts, banks, and families can understand immediately.
A retrospective mental capacity assessment is priced at £3,245.00 (exclusive of VAT).
This is a fixed, comprehensive fee. You pay one price upfront. No hidden costs, no surprise charges.
Full Document Review – We analyse all relevant medical records, care notes, solicitor correspondence, and legal or financial documents from the relevant time period.
-
Structured Witness Interviews – We conduct interviews with professionals, carers, or family members who were involved at the time. This typically includes 2-4 interviews depending on case complexity.
-
Critical Legal & Clinical Analysis – We apply Mental Capacity Act 2005 standards to the evidence, considering the specific decision, the specific time period, and the individual's cognitive and functional abilities.
-
Court-Ready, Peer-Reviewed Report – A comprehensive report written in line with CPR Part 35 requirements. Suitable for use in Court of Protection proceedings, probate disputes, insurance claims, and healthcare decisions.
-
Same-Day Response – Initial enquiries answered within 24 hours.
Additional Options
Contemporaneous Assessment (Present-Day Assessment) – If you need additional supporting evidence, we can conduct a present-day assessment. This adds £496 to the fee.
Multiple Decision Periods – If multiple decisions or large volumes of records need to be reviewed, we'll provide a written, fixed-fee proposal before any work begins.
No Hidden Fees
Our pricing is transparent. £3,245 is the fixed fee. You won't receive surprise invoices or additional charges unless you specifically request additional services.
How to Get Started
Request your expert assessment today. We'll discuss your situation, confirm we can help, and provide a fixed-fee proposal. No obligation, no pressure.
Who Conducts Your Retrospective Assessment?
Retrospective capacity assessments must be carried out by suitably qualified and experienced professionals with both clinical and legal expertise. This typically includes:
Registered social workers with mental capacity expertise
-
Medical doctors (GPs, psychiatrists, consultants)
-
Occupational therapists with mental capacity experience
-
Chartered psychologists with cognitive assessment experience
-
Suitably qualified professionals with psychological or cognitive training
At Nellie Supports, We're Different
All retrospective assessments are undertaken by our full-time, multidisciplinary team—not one-off independents or generalists. This means:
-
Consistency – Every assessment follows the same rigorous standards and legal framework. You get the same quality regardless of which team member conducts your assessment.
-
Deep Experience – Our team has conducted 6,000+ mental capacity assessments across England and Wales. We've handled hundreds of retrospective cases across will disputes, insurance claims, healthcare decisions, and financial disputes. We know what works.
-
Multidisciplinary Expertise – Our team includes registered social workers, chartered psychologists, and medical professionals. Complex cases benefit from multiple perspectives and specialised knowledge.
-
Peer Review – Every report is reviewed by senior team members before delivery. This ensures quality, legal robustness, and that every conclusion is defensible.
-
Legal Strength – Our reports are written to expert witness standards. They meet CPR Part 35 requirements, which means they're admissible in court and defensible under cross-examination.
Our Team's Qualifications
All our retrospective assessments are conducted by fully qualified, experienced, and registered professionals:
Registered Social Workers – All registered with Social Work England and members of the British Association of Social Workers (BASW). Our social workers bring 20+ years of combined experience in mental capacity assessments.
Chartered Psychologists – HCPC registered with specialist training in cognitive assessment and mental capacity.
Psychologists – MSc qualified with expertise in cognitive and psychological assessment.
Every member of our team is regulated by their professional body and holds appropriate qualifications and experience in mental capacity assessment. We don't use one-off independents or generalists. Your assessment is conducted by experienced professionals who specialise in this work.
What we need from you
Because retrospective capacity assessments rely on reconstructing past circumstances, the quality of the report depends on the information available. To carry out a thorough and reliable assessment, we usually request:
-
Medical and Care Records – GP notes, hospital discharge summaries, care home records, or other relevant health documentation.
-
Legal or Financial Documents – copies of wills, contracts, gift records, or property transactions made at the time.
-
Correspondence and Personal Records – letters, emails, diaries, or other written evidence that reflect the person’s thinking or intentions.
-
Witness Statements– Statements from professionals, carers, or family members who interacted with the person at the relevant time.
-
Timeline of Events – a clear chronology of when decisions were made, with supporting documentation where possible.
Our team will guide you through what’s needed in your particular case and help identify any gaps. Even where information is limited, we use our expertise to piece together the available evidence and provide the clearest possible opinion.
Why Choose Nellie Supports?
We have no financial interest in the outcome. We're not linked to solicitor firms, insurance companies, or any interested party. Our only job is to provide objective, evidence-based analysis. This independence is crucial for credibility in court and ensures our conclusions are defensible and trusted by all parties.
We're not a one-person operation or a generalist firm. We're the largest private social work practice in the UK, with 10+ full-time qualified professionals. This means consistency, depth of experience, and the backing of peer review on every case. You're not relying on a single assessor working in isolation—you're getting the strength of an entire multidisciplinary team.
Retrospective assessments often arise during difficult times—family disputes, contested wills, insurance claims, healthcare disagreements. We understand the emotional stakes. Our approach is compassionate, respectful, and focused on providing clarity and resolution. We explain the process clearly, keep you informed at every stage, and deliver reports that are thorough yet accessible.
Every report is written to expert witness standards. We follow CPR Part 35 requirements, which means your report is admissible in court, defensible under cross-examination, and carries weight in legal proceedings. Our reports have been used successfully in Court of Protection proceedings, probate disputes, insurance claims, and healthcare decisions across England and Wales.
All our retrospective assessments are conducted by fully qualified, registered professionals—registered social workers, chartered psychologists, and health and social care professionals. Every team member is regulated by their professional body and has appropriate training mental capacity assessment. We've conducted 6,000+ mental capacity assessments across England and Wales, including hundreds of retrospective cases. We know what works.
With over 6,000 assessments completed and more than 50 years of combined expertise, our team includes independent social workers, psychologists, and other registered professionals — matched to each case for the right expertise.
We serve clients across England and Wales. Whether you're in London, Manchester, Cardiff, or rural areas, we can conduct your retrospective assessment. All interviews and consultations can be conducted remotely via video call or telephone if preferred. No travel fees for desktop assessments.
Our Process – Step by Step
Initial enquiry & triage
We start with a same-day response to your enquiry, confirming the decision to be assessed, outlining our process, providing a clear quotation, and agreeing a suitable timeline.
Gathering historical evidence
Our team reviews all relevant materials, including medical records, legal documents, and witness statements, to build a complete picture of the person’s circumstances at the time in question.
Detailed analysis using MCA 2005 & case law
We apply the Mental Capacity Act 2005’s two-stage test and relevant case law to assess capacity for the specific decision, ensuring our approach meets legal and professional standards.
Report writing & peer review
Your report is drafted by an experienced HCPC-registered assessor and then independently peer-reviewed to ensure accuracy, impartiality, and compliance with CPR Part 35 (where required).
Delivery & post-report support
We securely deliver your report, typically within 7–10 working days, and remain available to clarify findings or provide expert input in legal proceedings, mediation, or care planning.
.webp)
Case Study: Resolving a Disputed Will After Dementia Diagnosis
When Mr R's will was contested by family members, the key issue was whether he had the capacity to make significant changes shortly after being diagnosed with dementia. Relatives argued that he could not have understood the implications of altering his estate, while his solicitor believed the will reflected his true wishes.
The Challenge
There were no recent capacity assessments at the time the will was signed. The dispute centred on whether Mr R had the ability to understand and weigh up his decisions during that period. Without expert evidence, the matter risked escalating into lengthy and costly litigation.
Our Solution
Nellie Supports was instructed to complete a retrospective capacity assessment. Our team:
Reviewed Mr R's medical and care records from the relevant period.
Analysed solicitor correspondence, family statements, and notes from professionals who had contact with him.
Applied the functional-first test to reconstruct his decision-making ability at the time.
Considered the impact of his dementia diagnosis alongside other evidence.
The Outcome
We produced a detailed, CPR Part 35–compliant report, peer-reviewed for quality assurance. The court accepted our findings, which confirmed that Mr R did have testamentary capacity when the will was executed. The dispute was resolved, protecting Mr R's wishes and reducing further distress for his family.
Key Takeaway
Retrospective capacity assessments provide the clarity courts need when past decisions are challenged, helping to resolve disputes fairly and protect vulnerable individuals' intentions.
Expert Insights on Retrospective
Capacity Assessments
Explore our articles on retrospective mental capacity assessments, covering common challenges, legal considerations, and best practices for solicitors and families seeking evidence of past decision-making capacity.
Frequently Asked Questions
Yes. If someone had dementia when they made or changed their will, the will can be challenged on grounds that they may have lacked testamentary capacity. To challenge a will, you need expert evidence. A retrospective mental capacity assessment analyses medical records, care notes, and witness statements from the time the will was made to provide expert evidence about capacity at that time. Our reports act as expert evidence to support courts in making a decision. It is ultimately up to a judge to decide whether someone had capacity and whether the will is valid. We cannot guarantee any outcomes of either our report or the court's decision.
You provide expert evidence to the court. A retrospective mental capacity assessment analyses historical records—medical notes, care records, solicitor correspondence, witness statements—to determine whether the person had testamentary capacity at the time the will was signed. The assessment applies the legal test from Banks v Goodfellow (1870) and the Mental Capacity Act 2005. Our reports are CPR Part 35 compliant and can be used as expert evidence in court proceedings. However, it is ultimately up to a judge to decide whether someone had capacity. We cannot guarantee any outcomes.
There is no single time limit to contest a will, as it depends on the grounds for the challenge. However, you should act as soon as possible, ideally before probate is granted.
Some claims, like those for lack of financial provision, have a strict six-month deadline from the grant of probate. Others, like challenging the will's validity on grounds of lack of capacity, do not have a set time limit but can be dismissed for undue delay.
Acting quickly is crucial to avoid the estate being distributed and to ensure evidence is not lost. If you believe a will should be challenged on grounds of lack of capacity, a retrospective mental capacity assessment can be conducted at any point, using historical medical records, care notes, and witness statements. Our reports act as expert evidence to support courts in making a decision. It is ultimately up to a judge to decide whether someone had capacity and whether the will is valid. We cannot guarantee any outcomes.
A retrospective mental capacity assessment for a will dispute costs £3,245.00 (exclusive of VAT). This is a fixed fee that includes full document review, structured witness interviews, legal and clinical analysis, and a court-ready, peer-reviewed report that meets CPR Part 35 standards. There are no hidden costs or surprise charges unless you request additional services.
We analyse all relevant documentation from the time the decision was made, including medical records from the NHS or private healthcare providers, care notes and support plans, solicitor correspondence and legal documents, financial records and bank statements, and witness statements from professionals, carers, or family members. The more comprehensive the documentation, the stronger the assessment. We'll advise you on what records are essential and help you gather them.
Yes. Having dementia does not automatically mean someone lacked capacity to make a will. Capacity is decision-specific and time-specific. Someone with dementia may still have testamentary capacity if they could understand the nature of making a will, the extent of their estate, and the claims others might have. A retrospective capacity assessment determines whether the person had capacity at the specific time the will was made, regardless of their diagnosis. It is ultimately up to a judge to decide whether someone had capacity and whether the will is valid.
Testamentary capacity is the legal test for whether someone has the mental ability to make a valid will. The test comes from Banks v Goodfellow (1870) and requires the person to understand the nature of making a will, the extent of their estate, and the claims others might have on their estate. A retrospective capacity assessment applies this test to historical evidence to determine whether someone had testamentary capacity when their will was made. It is ultimately up to a judge to decide whether someone had testamentary capacity.
Yes. If you believe someone lacked capacity when they signed a Lasting Power of Attorney (LPA), you can challenge it. A retrospective mental capacity assessment provides expert evidence by analysing medical records, care notes, and witness statements from the time the LPA was signed. Our reports are CPR Part 35 compliant and can be used as expert evidence in Court of Protection proceedings. However, it is ultimately up to a judge to decide whether someone had capacity and whether the LPA is valid. We cannot guarantee any outcomes.
The total timeline is typically 4-5 weeks from initial enquiry to report delivery. This includes document collection (2-3 weeks), assessment and report writing (5-7 working days), and peer review (2-3 working days). This is a rough guideline and depends on how quickly documents are gathered and the extent of documentation to review. Complex cases may take longer. If you're facing an urgent deadline, we can discuss expedited options, though this may impact the timeline.
We serve clients across England and Wales. Retrospective capacity assessments are primarily desktop-based, so there are no travel fees. All interviews and consultations can be conducted remotely via video call or telephone. Whether you're in London, Manchester, Cardiff, or rural areas, we can conduct your retrospective assessment.
Yes. We regularly conduct retrospective assessments for wills signed many years ago, even decades. We use historical evidence—medical records, care notes, solicitor correspondence, witness statements—to reconstruct the person's cognitive and functional abilities at the time the will was made. The key is having access to relevant documentation from that period. Our reports provide expert evidence about capacity at that specific time, though it is ultimately up to a judge to decide whether someone had capacity.
The report is yours to use as you need. Many clients use it in court proceedings, negotiations, mediation, or to inform healthcare or financial decisions. We can discuss how the report might be used, though we do not provide legal advice. If you need clarification on any findings or methodology, we're available to discuss the report with you or relevant professionals. How the report is used and what decisions are made based on it are ultimately up to you, the courts, or other relevant parties. We cannot guarantee any outcomes.