Our qualified experienced and registered Social Workers complete all of our mental capacity assessments. We provide a relaxed and informal approach to ensure you have the best opportunity and help in making decisions.
What is Testamentary Capacity?
Testamentary capacity is the term used to describe the capacity for someone to make or alter a will.
Our professionals ensure their assessments are completed with both the principles of the Mental Capacity act (2005) and case law (Banks v Goodfellow (1870) LR 5 QB 549).
The test for capacity to execute a valid will is based in case law is:
Understand the nature of making a will and its effects.
Understand the extent of the property of which they are disposing.
Be able to comprehend and appreciate the claims to which they ought to give effect.
Have no disorder of the mind that perverts their sense of right or prevents the exercise of their natural faculties in disposing of their property by will
In Person Assessment
Our assessors ensure any assessment is therapeutic in nature, the Mental Capacity Act (2005) promotes the concept of supporting people to make their own decisions, it's not about removing your ability to make decisions.
Our assessments usually take place in the individuals home, whether this is a private residence or a care home, although on occasion it's necessary for assessments to take place in hospitals or in private organised rooms such as hotel meeting rooms.
An assessment, will, on average take approximately 1 hour and our experienced Social Workers try to ensure it is a comfortable and relaxed experience, its important to us that the individual feels confident enough to engage with us, as it is only that way we can get a true understanding of someone’s capacity.
Telehealth via secure video link
Face to face mental capacity assessments are always going to be best practice. However, in those instances where this is not feasible, we offer a safe, secure and professional online mental capacity assessment via our integrated telehealth service.
As with our face to face assessments, our qualified experienced and registered Social Workers complete all of our telehealth mental capacity assessments. We provide a relaxed and informal approach to ensure you have the best opportunity and help in making decisions.