Expert Capacity Assessments of Older People
LASTING POWER OF ATTORNEY (LPA)
LPA is a legal document which allows a person (donor) to appoint one or more people (attorneys) to make decisions on their behalf if they lose the capacity to do so.
The 2 types of LPA are health and welfare related to medical treatment, day to day care and where you live, and property and financial affairs which allows the attorney/s to access bank accounts, pay bills and even sell property on your behalf. One of the requirements for an LPA to be valid is mental capacity at the time of granting it.
Dr. Pather conducts a face to face mental capacity assessment at your home in accordance with the legal test set out in the Mental Capacity Act 2005, and provides a court compliant report within 5 days. In anyone with cognitive impairment, a mental capacity assessment is highly recommended to avoid complications and delays. In those without cognitive impairment, a certificate provider is required as part of the process. Dr. Pather can sign as a certificate provider.
In the absence of mental capacity to grant LPA, a deputyship application is necessary, requiring a COP3 assessment.
TESTAMENTARY CAPACITY
It is recommended that any older person making or changing a will has a testamentary capacity assessment conducted by a medical practitioner as per the ‘Golden Rule’, the reasons being to ensure that you understand the terms of your will, to minimise successful challenges later on, and to ensure that your wishes are respected. In a person with cognitive impairment it is imperative that this is done.
The capacity assessment is conducted in accordance with the legal test set out in Banks v Goodfellow.
CAPACITY TO MAKE A LIFETIME GIFT
Lifetime gifts of significant value are often made in an effort to reduce the inheritance tax burden placed on loved ones. A lifetime gift can include large sums of money (in relation to the value of the estate), jewellery and property. It is recommended that every person over 80 has a capacity assessment when making a significant gift if there could be potential disputes in the future. This safeguards the donor and recipient. In a person with cognitive impairment, a capacity assessment should definitely be carried out.
The capacity assessment is conducted in accordance with the legal test established in Re. Beaney.
What is & isn’t included?
Prices are inclusive of VAT. The cost includes preparation time, travel time where applicable, the capacity assessment and preparation of the report/s. Preparation time will include pre-reading of all applicable information, e.g. GP records, details of the estate and beneficiaries, and details of the lifetime gift depending upon the nature of the assessment. Conversations with family members and/or carers/care home staff (if applicable) are usually necessary. If the distance travelled is more than 10 miles, there is a surcharge of 55p per mile. Mental capacity assessments are not undertaken for hospital inpatients. Diagnostic tests are not provided.
Payment terms
Payment is to be made in full in advance of the service/s before they are provided. You will be sent an invoice when you receive a confirmation. The invoice must be paid within 15 days of the date of the invoice if the appointment is booked more than 15 days in advance. Please see our Terms & Conditions document for further details.