Expert Mental Capacity Assessments service provides independent Mental Capacity Assessments for individuals, solicitors, will writers, professional deputies and other professionals. Assessments are undertaken by an experienced York based Social Worker with over 15 years experience in assessing mental capacity in the role of a Best Interests Assessor and Approved Mental Health Professional. Mental Capacity Assessments can be undertaken in relation to a wide range of decisions, including Lasting Powers of Attorney, Court of Protection applications, Wills and Probate, property and financial affairs, accommodation, care and treatment, litigation, and other legal and personal decisions.
Expert Mental Capacity Assessments
Every Mental Capacity Assessment is tailored to the individual and the specific decision being considered. Assessments are undertaken with care and sensitivity, using clear communication and appropriate support to enable the person to participate as fully as possible. A thorough written report is provided, clearly setting out the assessment, evidence considered and the basis for the professional opinion.
Please contact info@mentalcapacityassessments.org to discuss your requirements.
Services
Lasting Power of Attorney and Court of Protection
LPA Certificate Provider
The Lasting Power of Attorney for Health and Welfare and/or Property and Financial Affairs can be created by making an application on the Office of the Public Guardian website https://www.gov.uk/government/organisations/office-of-the-public-guardian. When creating a Lasting Power of Attorney (LPA), there is a requirement for the LPA Certificate Provider to certify that the person creating the LPA (the donor) understands the significance and implications of granting power to their chosen attorneys, and what they are signing is free from influence or duress. This certificate is a crucial part of the LPA process. If there is any doubt regarding the persons’ cognition, it is very important to ensure that the LPA Certificate Provider is an expert Mental Capacity Assessor, in order to avoid any disputes/litigation. If our LPA Certificate Provider finds that the person lacks capacity to grant LPA, we will advise you of the process of applying to the Court of Protection for the Deputyship, which can grant the same powers. For this you will need a COP3 to be completed. We can complete the face-to-face assessments in Yorkshire, and also offer mental capacity assessments via a secure video platform, which is accepted by the Court of Protection.
COP3 Form completion
You can apply directly to the Court of Protection to become someone’s deputy if they lack mental capacity. The COP3 form is a form to be completed when an application is made to the Court of Protection regarding decisions to be considered by the Court of Protection, for example decisions on someone's welfare or financial affairs. A mental capacity assessment is a critical part of this process. It involves evaluating an individual's ability to make the decision in question. Applications to commence proceedings with the Court of Protection require you to file a COP3 form with your COP1 application form. You are required to complete Part A of the form. The Mental Capacity Assessor completes Part B of the application. We can complete the face-to-face assessments in Yorkshire, and also offer the COP3 assessments via a secure video platform, which is accepted by the Court of Protection.
Mental Capacity Assessments for Professional Deputies
Independent Mental Capacity Assessments can be undertaken on instruction from professional deputies where an independent opinion is required in relation to a specific decision.
Capacity to Revoke a Lasting Power of Attorney
A mental capacity assessment may be required where there are concerns about whether a person has the capacity to revoke an existing Lasting Power of Attorney
Property & Financial Affairs
Capacity to Manage Property & Financial Affairs
A Mental Capacity Assessment may be required when there are concerns about whether a person is able to manage their own money, property and financial affairs. This may arise where a person is experiencing difficulties managing their finances, there are concerns about financial vulnerability or exploitation, or formal evidence of their capacity is required to put appropriate financial arrangements in place.
The assessment considers the person’s ability to understand and make relevant financial decisions, which may include managing income and expenditure, paying bills, budgeting, banking, savings, property and other assets.
Capacity Assessments to Buy, Sell or Transfer Property, or to Release Equity — Separate Decisions
A Mental Capacity Assessment may be required where there are concerns about whether a person is able to make a particular decision, for example buying, selling or transferring property, releasing equity.
Capacity to Make a Gift
A Mental Capacity Assessment may be required to establish whether a person has capacity to make a particular gift of money, property or other assets. An assessment may be requested where formal evidence of capacity is required, or where there are concerns about the person’s ability to make the decision, including concerns about undue influence or financial exploitation.
The assessment considers the person’s ability to understand, retain, use and weigh the information relevant to the proposed gift, taking account of the nature, value and consequences of the gift and the individual circumstances in which it is being made.
Capacity to Enter into a Contract
A Mental Capacity Assessment may be required to establish whether a person has capacity to enter into a particular contract or agreement. This may be relevant where the contract involves significant financial, property or other legal obligations, where formal evidence of capacity is required, or where there is uncertainty about the person’s ability to understand the agreement they are entering into.
The assessment is specific to the particular contract and considers the person’s ability to understand, retain, use and weigh the relevant information, including the nature and purpose of the agreement, its key terms and obligations, and the reasonably foreseeable consequences of entering into it.
Wills, gifts and probate
Testamentary Capacity Assessments
Testamentary capacity refers to a person's cognitive ability to create or alter their will. In order to have testamentary capacity, an individual must typically meet specific criteria. Testamentary capacity is not covered by the Mental Capacity Act (2005) and requires a legal test established in Banks v Goodfellow (1869). A testamentary capacity assessment is crucial because it ensures that the person making the will is doing so voluntarily and with a sound mind. If someone is deemed to lack testamentary capacity at the time of creating their will, the validity of the document might be contested in court.
PA14 Probate Medical Certificate Assessment
A PA14 assessment may be required when there are concerns about whether an executor or applicant has the mental capacity to apply for a Grant of Representation and administer an estate. The assessment considers the person’s capacity to make the decisions required to obtain the Grant and administer the estate, as well as their capacity to manage property and financial affairs.
A PA14 assessment relates to the capacity of the living person who is expected to deal with the estate. It is different from a testamentary capacity assessment, which considers a person’s capacity to make or change a Will. If the person is assessed as lacking the relevant mental capacity, a completed PA14 Medical Certificate is provided, together with a detailed independent mental capacity assessment report.
Capacity to Make a Lifetime Gift
A lifetime gift capacity assessment may be required where there are concerns about whether a person has the mental capacity to make a particular gift of money, property or other assets during their lifetime. Capacity to make a gift is decision-specific. The assessment focuses on the particular gift or transfer being considered and the person’s individual circumstances, rather than providing a general assessment of their ability to manage their financial affairs.
The assessment considers whether the person can understand, retain, use or weigh the information relevant to the proposed gift and communicate their decision. This includes the nature and value of the gift, its effect on their financial position and estate, and other circumstances relevant to the particular decision. An independent mental capacity provides clear evidence of the person’s capacity at the time the gift is being considered, particularly where it involves property, a substantial sum of money or other significant assets
Capacity to Act as a Trustee
A Mental Capacity Assessment to act as a trustee may be required where there is a question about whether a person has the capacity to fulfil their responsibilities as a trustee. A person may have been appointed as a trustee many years earlier and may remain in the role for a considerable period of time. During that time, their circumstances and ability to carry out the role may change. A trustee capacity assessment considers the person’s understanding of their role and responsibilities as a trustee, their ability to make relevant financial decisions, and their ability to consider and respond to issues or difficulties that may arise when carrying out their duties.
Litigation, Health & Welfare and Personal Decisions
Capacity to Litigate
A capacity to litigate assessment is required where there are concerns about whether a person can engage in and make decisions within legal proceedings. Capacity to litigate is specific to the particular legal proceedings and the decisions that need to be made within them. In accordance with the Mental Capacity Act 2005, the assessment considers whether the person can understand and retain the information relevant to the proceedings, use or weigh that information as part of the decision-making process, and communicate their decisions. An independent capacity to litigate assessment provides clear evidence of the person’s decision-making capacity in relation to the proceedings and can be used by solicitors, the court and, where relevant, the Official Solicitor. A Certificate as to Capacity to Conduct Proceedings is also completed when required.
Mental Capacity Assessments for Personal Injury and Clinical Negligence Claims
A mental capacity assessment may be required in connection with a personal injury or clinical negligence claim where there are concerns about a person’s capacity to make a particular decision relating to the claim or proceedings. The assessment provides an independent opinion on the person’s capacity to make the particular decision. Each assessment is tailored to the decision being considered and to the circumstances and complexity of the individual case. A detailed independent mental capacity assessment report is provided for use by solicitors and, where required, the court.
Capacity for Health and Welfare Decisions
A mental capacity assessment for health and welfare decisions may be required where there are concerns about a person’s capacity to make a specific decision about their health, care or personal welfare. A health and welfare capacity assessment is decision-specific and focuses on the particular decision the person is required to make. This may relate to care and support, accommodation,medical treatment, or another significant health or welfare decision. In accordance with the Mental Capacity Act 2005, the assessment considers whether the person can understand and retain the information relevant to the particular decision, use or weigh that information as part of the decision-making process, and communicate their decision. It considers whether any inability to make the decision is caused by an impairment of, or disturbance in the functioning of, the mind or brain, establishing the required causative nexus. A detailed independent mental capacity assessment report is provided, setting out the evidence considered, the assessment of the person’s decision-making abilities and the conclusion reached in relation to the specific health or welfare decision.
Capacity to Make Personal Decisions
A mental capacity assessment may be required where there are concerns about a person’s capacity to make a specific decision concerning their personal life, relationships or contact with other people. Capacity to make personal decisions is decision-specific and is assessed in relation to the particular decision and the person’s individual circumstances. Assessments can be undertaken in relation to capacity to marry, capacity to consent to sexual relations, capacity to make decisions about contact with other people, capacity to use social media, and capacity in relation to certain decisions concerning divorce and other significant personal matters. In accordance with the Mental Capacity Act 2005, the assessment considers whether the person can understand and retain the information relevant to the particular decision, use or weigh that information as part of the decision-making process, and communicate their decision. Where the person is unable to make the decision, the assessment considers whether that inability is caused by an impairment of, or disturbance in the functioning of, the mind or brain, establishing the required causative nexus. A detailed independent mental capacity assessment report is provided, setting out the assessment and the professional opinion reached in relation to the specific decision.