TESTAMENTARY

Testamentary capacity, or capacity to make a Will is not covered by the Mental Capacity Act (2005) and requires a legal test known as Banks v Goodfellow. Contact us to arrange an assessment.

LITIGATION

Like testamentary capacity, capacity to litigate is not covered under the Mental Capacity Act (2005). Rather it is covered by case law, the most recent being Dunhill v Burgin (2014). Contact us to discuss your case further.

TRAINING

TSF offer bespoke mental capacity training, tailored to the needs of your company and delegates. All training is completed by experts in mental capacity assessments. Email us to discuss your requirements.

PROPERTY AND FINANCIAL AFFAIRS

Most assessments relate to applications to the Court of Protection and involve completing a CoP3 form. To discuss booking a CoP3 assessment contact us.

LASTING POWERS OF ATTORNEY

For a Lasting Power of Attorney (LPA) we can act as a certificate provider, act as a witness and provide an accompanying report if needed. Contact us to discuss how we can assist you.

HEALTH AND WELFARE

Falling within the MCA 2-stage test our assessors can skilfully complete a CoP3 form or report for these highly complex and important assessments. Our assessors' expertise proves invaluable, contact us for details.

CAPACITY TO GIFT

A surprising complex assessment for which our assessors skilfully apply the current lead case law, Re Beaney (1978), often combined with Banks vs Goodfellow. Contact the team to find out more.

CHALLENGES TO ASSESSMENTS

Capacity assessments are complex, often individuals feel that an independent, second opinion is needed. Contact us to coordinate an additional assessment if needed.