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 / large gifts.
Capacity to litigate
Dr. Pather conducts face to face litigation capacity 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.
Dr. Pather does not undertake capacity assessments of clients with mental health conditions, autism etc. She is not a psychiatrist. Clients under 60 will not be accepted for an assessment unless they have early onset dementia / Parkinson’s disease / stroke.
If any of your clients require more than one assessment a discount can be provided.
Dr. Pather does not undertake capacity assessments of hospitalised patients unless they are medically optimised for discharge, proof of which is required.
Dr. Pather does not undertake retrospective testamentary capacity assessments.