When it comes to making crucial legal decisions about your future, such as creating a Will or a Lasting Power of Attorney (LPA), your mental capacity plays a vital role. Therefore, at A.D.E Wills, we’re committed to guiding you through this process and ensuring that your wishes remain legally valid and respected.
What is Mental Capacity?
Essentially, mental capacity refers to your ability to make specific decisions at a particular time. For Wills, we use the term “testamentary capacity,” which means you understand three key aspects: firstly, the nature and effect of making a Will; secondly, the extent of your property; and thirdly, the claims of those who might expect to benefit from your Will.
When it comes to LPAs, mental capacity involves understanding not only the purpose of the LPA but also the scope of authority you’re granting to your attorney. Consequently, this understanding is crucial to ensure that your wishes are accurately represented and legally binding.
Why is Mental Capacity Important?
The importance of mental capacity in creating legal documents cannot be overstated. Without the required mental capacity at the time of creation, courts may deem a Will or LPA invalid. As a result, this could lead to your wishes not being carried out as you intended, potentially causing distress and legal complications for your loved ones.
Furthermore, ensuring mental capacity helps protect you and your beneficiaries from potential challenges to your Will or LPA after your death or incapacity. Additionally, it provides a solid foundation for your estate planning and helps prevent disputes among family members or other interested parties.
Our Approach to Assessing Capacity
At A.D.E Wills, we’ve carefully designed our online and telephone services to help demonstrate that you had the required capacity when making your Will or LPA. Our process includes thorough questioning and documentation to establish your understanding of the decisions you’re making.
However, we understand that sometimes circumstances may raise questions about capacity. In such cases, our first step often involves liaising with your GP. They know your medical history and can frequently provide valuable insights into your capacity. Consequently, this approach is both cost-effective and less intrusive for you.
If further assessment is necessary, we may refer you to a team of experienced specialist capacity assessors. These professionals can meet with you in person and provide a detailed report on your capacity, thus ensuring that your legal documents stand up to scrutiny.
When Might a Capacity Assessment Be Needed?
Several situations might prompt the need for a capacity assessment. These include:
Recent diagnosis of a condition affecting cognition: If doctors have diagnosed you with a condition like dementia, it’s important to establish your capacity to make legal decisions.
Sudden changes in decision-making or behaviour: Significant changes in your behaviour or decision-making patterns might raise concerns about your capacity.
Family concerns about vulnerability to undue influence: If your family members worry that you might be susceptible to manipulation, a capacity assessment can help address these concerns.
Complex estate planning requiring extra certainty: In cases involving large estates or complex arrangements, an assessment can provide additional assurance of your capacity to make these decisions.
The Capacity Assessment Process
Typically, a capacity assessment involves a face-to-face meeting with a specialist. They’ll ask questions to evaluate your understanding of the decision at hand, its consequences, and your ability to weigh information. Although thorough, specialists design this process to be as comfortable as possible for you.
During the assessment, the specialist will engage you in conversation about your Will or LPA, asking questions to determine your understanding of the document’s purpose and implications. Moreover, they’ll assess your ability to retain and process information related to your decision.
It’s important to note that capacity is decision-specific. You might have the capacity to make some decisions but not others. Therefore, the assessment will focus specifically on your capacity to make the decision at hand, whether it’s creating a Will or an LPA.
Our Commitment to You
At A.D.E Wills, we dedicate ourselves to ensuring your legal documents accurately reflect your wishes. We approach capacity assessments with sensitivity and professionalism, always keeping your best interests at heart.
We understand that discussions about mental capacity can be sensitive. Consequently, we train our team to handle these matters with care and respect, ensuring you feel comfortable and supported throughout the process.
If you have any questions about mental capacity assessments or would like to discuss your situation, we’re here to help. Our team can provide more information, discuss potential costs, and guide you through the next steps.
Get in Touch
Are you ready to ensure your legal affairs are in order? Contact A.D.E Wills today for a consultation. We’re here to provide the support and expertise you need to make informed decisions about your future.
Call us on 01865 507174 or email us at info@adewills.co.uk. Let’s work together to secure your wishes and give you peace of mind.
Disclaimer
This article provides general information about mental capacity in relation to Wills and Lasting Power of Attorney. You should not consider it as legal advice. For advice specific to your situation, please consult with a legal professional.
