Services for Lawyers
Testamentary capacity assessments
Dr. Pather conducts face to face or remote capacity assessments of your older clients in accordance with the legal test established in Banks v Goodfellow. If the client has cognitive impairment, the assessment will be conducted in person at the client’s home (including care home). A court compliant report will follow within a week.
The ‘Golden Rule’ in testamentary capacity from Kenward v Adams recommends that a medical practitioner assess the capacity of an older or unwell testator. Complying with The Golden Rule reduces the possibility of a future successful legal challenge to a will.
Capacity to make a lifetime gift
Dr. Pather conducts capacity assessments of your older clients for making lifetime gifts in accordance with the legal test established in Re. Beaney. Face to face assessments are carried out for clients with cognitive impairment. Clients without cognitive impairment can choose between face to face or remote assessments. A court compliant report will follow within a week.
Both of these capacity assessments are recommended for your clients with sizeable estates / making large gifts.
Capacity to litigate
Dr. Pather conducts face to face capacity to litigate assessments of your older clients in line with the provisions of the Mental Capacity Act 2005 and the legal test established in Masterman-Lister v Brutton & Co, reaffirmed in Dunhill v Burgin. The certificate will be issued within a few days.
Information about the case needs to be provided ahead of the appointment.
If any of your clients require more than one assessment a discount can be provided.
Note that Dr. Pather does not provide 2nd opinions on mental capacity or undertake capacity assessments on hospitalised patients.
Screening reports in cases of suspected clinical negligence
Owing to being a practising physician and having an LLM in medical law, Dr. Pather is well placed to review clinical records, and provide an opinion on potential breach of duty and causation if applicable. She will also be able to advise whether you require expert evidence and the most appropriate expert for the case in hand. Her screening report is non - court compliant, but will help eliminate weak cases, ultimately saving your firm money.
Since Dr. Pather does not work as an expert witness in negligence her screening reports are more cost - effective than those provided by experts.