Mental Capacity Assessment.

Welcome to the Mental Capacity Assessment page at TrueAbility. Our team specialises in providing comprehensive assessments to determine an individual's ability to make specific decisions. 

Testamentary capacity:

This refers to an individual’s legal and mental ability to make or alter a valid will. To have testamentary capacity, a person must understand the nature and effect of making a will, the extent of their assets, and the claims to which they ought to give consideration, such as family members or dependants. They must also be free from any mental disorder or undue influence that could impair their judgment. In the UK, this concept is crucial to ensure that a will reflects the true intentions of the person making it, often referred to as the testator. If testamentary capacity is called into question, the validity of the will may be challenged in court. Seeking legal advice and, where necessary, medical evidence at the time of drafting a will can help minimise disputes and ensure the document holds up under legal scrutiny.

 

Importance of Testamentary Capacity in Estate Planning.

Establishing testamentary capacity is crucial to ensure that the individual's wishes are honoured and legally upheld after their passing. Without clear evidence of capacity, a will could be contested, potentially leading to lengthy legal disputes and stress for grieving family members. Proper documentation and, if necessary, professional assessments can help safeguard the validity of a will. that you have the mental capacity to make a will and you understand what you own. Who you want to leave this to and how you decisions might affect these people. 

Health and Care.

The capacity to make decisions around care and treatment, often referred to as "decision-making capacity" or "mental capacity," is an important concept in healthcare. It refers to a person's ability to understand and process information related to their health and treatment options, weigh the risks and benefits, and make informed choices.

Here are a few key elements that are typically considered when assessing decision-making capacity:

  1. Understanding: The individual must be able to comprehend the information relevant to the decision, such as the nature of their condition and the proposed treatment options.

  2. Retention: The person should be able to retain the information long enough to make an informed decision.

  3. Weighing Information: They must be able to use the information to consider the pros and cons of the different options and their consequences.

  4. Communication: The person must be able to communicate their decision clearly, whether verbally, in writing, or through other means.

In many legal systems, if a person lacks the capacity to make their own medical decisions, a healthcare proxy or legal guardian may be appointed to make decisions on their behalf, ensuring that the individual's best interests are upheld.

 

Unwise decision v's Capacity.

Sometimes, people make decisions that might seem a bit risky or unwise to those around them, especially when they're unwell. For instance, someone might decide they don’t want any more treatment, even if their family or doctors think it’s not the best idea. The Mental Capacity Act 2005 recognises that people can have the ability to make decisions, even if others don’t necessarily agree with those choices.  

Take this example: a 69-year-old man with an undiagnosed neurological condition was advised by a Speech and Language Therapist to avoid eating solid food because of swallowing problems. The therapist explained everything clearly, including the risks of choking or food going into his lungs. He fully understood the risks and could explain them back. Even so, he chose to keep eating solid food, fully aware that it could be life-threatening. It was his decision to make.  

 

How we carry out the assessment?

 

We know everyone’s unique, and that means everyone’s got their own set of needs. That includes how they communicate, too. So, before we even get started with an assessment, we’ll ask plenty of questions to get to know the person better.  We ask things like: Why do you think they need an assessment now? Do they have a medical condition or disability? Are they on any medications that might make them feel drowsy or affect their focus? Is there a time of day when they’re more alert? Do they have any difficulties with vision, speech, or hearing—or anything else that might affect communication? What kind of person are they, and are there things that scare them?

 

We try to learn as much as we can about the person beforehand. This helps us really understand their needs and carry out a fair assessment that’s tailored to their needs and abilities. 

 

 

Where does the assessment take place?

We do not carry assessments over video call, as we feel that it is difficult for the person being assessed to feel relaxed and comfortable.  We carry out the assessment where the person lives or if needed at a hospital. This helps the person being assessed to feel relaxed and comfortable, with people that they know around them. Carrying out the assessment in familiar surroundings can support the person to  participate in the assessment.