Testamentary Mental Capacity Assessments
A testamentary capacity mental capacity assessment is a crucial tool to determine whether a person has the mental capacity to create a will.
I am instructed by solicitors who require a robust, high quality testamentary mental capacity assessments. As a consultant Social Worker, I am well placed to complete testamentary mental capacity assessments for you. I have a significant amount of experience as a practitioner and have completed hundreds of mental capacity assessments since 2009. I In addition, I am a qualified expert witness and instructed to complete testamentary mental capacity assessments ahead of legal proceedings.
How do you decide if someone lacks capacity?
Unlike other mental capacity assessments, the test to determine whether a person has litigation capacity is not solely the test within the Mental Capacity Act. The test to determine whether a person has the mental capacity to litigate is contained within case law from 1870. As a practitioner, I keep up to date with any changes in case law and any changes there may be in the test for capacity to litigate. That way, you can always be assured of a thorough assessment that uses the correct test.
As well as applying the correct test for capacity, I ensure that I maintain professional standards and continually update my knowledge of best practice from Social Work registration bodies and membership organisation.
How long will the assessment take?
Once instructed, I aim to complete my mental capacity assessments within 10 days. If, however you require an assessment completed urgently, please let me know and I will do everything I can to meet your timeframes.
What happens when a person is assessed as lacking capacity?
If the outcome of the assessment is that the person lacks the mental capacity to create a will, my assessment can be used as evidence should you wish to make an application to the Court of Protection to create or change a will on behalf of someone who can’t do it for themselves (statutory will).