Retrospective Mental Capacity Assessments
At Nellie Supports, we provide specialist retrospective mental capacity assessments for solicitors, deputies, will writers, and families navigating complex legal, financial, or healthcare disputes. Whether you’re contesting a will, reviewing a past property sale, or clarifying consent to medical treatment, our experienced team delivers CPR35-compliant reports accepted by courts across England and Wales. We combine compassionate, person-centred practice with meticulous legal analysis, giving you clear, reliable evidence to resolve disputes and uphold the rights and wishes of those involved.
5000+
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Client Satisfaction
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Members of Our Team
What Is a Retrospective Capacity Assessment?
A retrospective mental capacity assessment is an expert evaluation that determines whether a person had the mental capacity to make a specific decision at a particular point in the past. These assessments are often vital in legal disputes, where questions arise about the validity of past actions, such as signing a will, making a significant gift, entering into a contract, or giving consent to medical treatment. By reviewing historical records, medical evidence, and witness statements, we can provide clear, evidence-based conclusions that help solicitors, families, and the courts establish whether the individual truly understood and could weigh up the decision at the time it was made.
When Might You Need One?
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A retrospective mental capacity assessment is typically required when there are doubts about whether a person could fully understand and make an informed decision at a specific moment in the past. Common situations include:
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Will disputes – establishing testamentary capacity at the time a will was signed, particularly if dementia, illness, or undue influence is suspected.
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Gifts and financial transactions – confirming whether the person understood the implications of significant financial decisions or property transfers.
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Family disagreements over past decisions – resolving disputes about historic care arrangements, medical consent, or financial management.
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Deputyship applications or challenges – providing evidence for or against the appointment of a deputy by the Court of Protection.
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Litigation and court proceedings – supplying CPR35-compliant expert evidence to support or challenge historic decisions in legal disputes.
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By clarifying capacity at the relevant point in time, retrospective assessments provide the clear, objective evidence needed to resolve conflicts and guide fair outcomes.
How We Conduct Retrospective Assessments
Our retrospective capacity assessments are carried out by HCPC-registered Social Workers with extensive experience in capacity law and expert witness reporting. Every report is prepared to meet the highest legal and professional standards, ensuring it can be relied upon in court, tribunal, or professional decision-making.
Each assessment includes:
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Comprehensive review of historical evidence – including medical records, legal documents, and relevant contextual information.
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Expert analysis under the Mental Capacity Act 2005 – applying the statutory two-stage test to the decision in question.
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Clear, decision-specific opinion – detailing whether the person likely had capacity at the time, with supporting rationale.
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Optional CPR Part 35 compliance – ensuring the report is suitable for litigation and accepted in civil proceedings.
This thorough, evidence-based approach ensures our findings are impartial, robust, and able to withstand legal scrutiny.
Who Instructs Us?
We accept instructions from both professionals and the public. Our clients include:
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Solicitors and will writers
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Professional deputies and litigation teams
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Family members and advocates
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Local authorities or NHS services
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.
What we need from you
To complete a retrospective mental capacity assessment thoroughly and without delay, we’ll need the following from you before we begin:
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Health and Social care records covering the relevant time period of the decision in question.
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Copies of legal documents linked to the decision, such as wills, contracts, or Lasting Powers of Attorney.
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Contact details for any witnesses who were present or involved at the time (if applicable).
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A clear timeline of events around the date of the decision, including any significant changes in health or circumstances.
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Signed consent forms authorising us to request or review relevant records.
Having these documents ready at the outset ensures we can provide an accurate, court-compliant report and avoid unnecessary delays.
Areas we cover
We provide retrospective mental capacity assessments throughout England and Wales, either through detailed document review or, where appropriate, interviews with those who knew the individual at the relevant time. Our team regularly support clients in London, Manchester, Birmingham, Leeds, Cardiff, and across rural areas — ensuring that location is never a barrier to obtaining clear, independent evidence.
Because retrospective cases often overlap with other areas of mental capacity law, we also offer related assessments, including:
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Testamentary Capacity Assessments – frequently required when the validity of a will is disputed after death.
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Capacity to Manage Finances – often reviewed retrospectively where financial decisions are being challenged.
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COP3 Mental Capacity Assessments – current assessments that provide the foundation for deputyship and Court of Protection proceedings.
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Capacity to Grant a Lasting Power of Attorney – ensuring LPAs were validly made when signed.
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Advanced Mental Capacity Assessments – complex, CPR 35–compliant reports designed for high-dispute or court-facing cases.
Wherever you are, Nellie Supports delivers retrospective assessments that are MCA 2005–compliant, CPR 35–compliant, and supported by robust clinical and legal reasoning. This ensures solicitors, families, and the courts receive strong evidence to resolve even the most complex historical disputes.
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Case Study: Disputed Will Following Dementia Diagnosis
Robert was a kind, quiet man in his late seventies, living alone in the home he’d shared with his late wife. In the last few years of his life, he was diagnosed with dementia. His two adult children visited regularly and supported him with shopping, medication and appointments.
After his passing, the family was shocked to discover a new will had been submitted, one that completely removed his children as beneficiaries, leaving everything to a neighbour he’d only known for a short time. Confused and devastated, the family didn’t know how to respond. They believed Robert wouldn’t have knowingly made that decision, but weren’t sure how to prove it.
How Nellie Supports Helped:
Robert’s daughter reached out to Nellie Supports after hearing about retrospective assessments through a solicitor. She was quickly connected with one of our specialist mental capacity assessors, who explained how the process could help.
We began by gathering all available medical records, care plans, and notes from the time the will was created. This included GP visits, hospital discharge papers, memory clinic assessments, and social care contact logs.
Our assessor created a detailed timeline of Robert’s mental and physical health during the period in question, piecing together medical notes, care plans and GP records. Particular attention was paid to the weeks leading up to the signing of the will, as well as the day itself.
We reviewed the medications Robert had been prescribed and the known cognitive side effects they may have caused. Several entries in his records described confusion, memory lapses, and increased disorientation during that time. On the day prior to signing the will, Robert had been described as particularly agitated and unable to follow conversation clearly. No formal capacity assessment had been completed.
Using all available evidence and applying the test for testamentary capacity set out in the Banks v Goodfellow case law, we concluded that Robert likely lacked sufficient understanding of the nature and consequences of his decision. The report was written by an HCPC-registered social worker and presented clearly, objectively, and in line with legal expectations.
The report was submitted as part of the legal challenge. After review by the court, the new will was dismissed. Robert’s previous will, which included provision for both of his children, was reinstated.
Later, Robert’s daughter shared her thoughts.
“We didn’t know where to start. It felt like no one was listening until we found Nellie Supports. Their report changed everything. It brought justice to our dad’s memory, and peace to our family.”
Why Choose Nellie Supports?
Choosing the right professionals to assess mental capacity is vital. At Nellie Supports, we combine expertise, empathy, and efficiency to make the process as smooth as possible. Our multidisciplinary team includes registered social workers, nurses, and specialists who bring decades of combined experience in capacity law and practice. Every assessment is conducted with compassion and clarity, always tailored to the person’s unique circumstances.
Experience peace of mind with our comprehensive social work services at Nellie Supports. Our team of registered and experienced professionals is dedicated to providing exceptional care and support. From mental capacity assessments to a wide range of social work services—such as EHCP appeals, life expectancy reports, and ongoing consultancy—our experts ensure accurate evaluations, personalised guidance, and the highest standards of practice.
We understand how important these decisions are, whether you’re planning for the future or responding to urgent legal requirements. That’s why our reports are consistently prepared to the highest standards, fully compliant with the Mental Capacity Act 2005, and accepted by courts and solicitors across England and Wales.
With a 4.9-star rating from clients nationwide, prompt response times, and a commitment to clear communication at every step, Nellie Supports is trusted by families, deputies, and professionals alike.
