Case Studies
Mental Capacity Assessment - COP3 for Application to the Court of Protection for Deputyship Case Study
Rose
Rose is a fiercely independent 84 year old woman. Before retiring, Rose worked as a childminder, and having been widowed for many years, enjoyed a close network of friends in her village, and her hobby was crocheting. After experiencing a significant stroke in 2016, Rose was determined to return home from hospital, and with the support of her loving son, and a large package of care she was discharged home once more.
A team of carers attended four times each day, and her son, Simon supported her with grocery shopping, organising Rose's medical appointments, and looking after her bills.
Rose had two good years of living at home. Despite spending most of her time in a hospital bed in her living room, Rose enjoyed the regular chats with the carers, had regular visits from good friends, and at weekends Simon would also bring her grandchildren. Simon would pop in most days, and the pair would enjoy a fish shop dinner together every Friday.
However in 2019, Rose began experiencing increasing numbers of urine infections. Simon would call round to see her and find her to be confused, anxious or hallucinating as a result of recurring infections. Additionally, the extended amounts of time in her hospital bed, and a loss of ability to reposition herself without the carers, had led to Rose developing some serious bed sores.
In early 2021, Rose had four hospital admissions due to infections and acute confusion in a short amount of time. Treatments for the infections were no longer improving, and it became clear to all that she had lost mental capacity about where and how her care needs were met, and that her needs now exceeded what could be met at home. Rose had never got around to setting up a Lasting Power of Attorney, and consequently the hospital social work team made a decision, in her best interests, to discharge her to a nursing home.
Simon found this period of time incredibly stressful; bills were pilling up at Rose's address, and urgent repairs were required on Rose's property in order to place it on the market to pay the nursing home fees. Without legal authority to deal with Rose's financial affairs, Simon's hands were tied. He couldn’t access Rose's savings to complete property repairs or put the house up for sale. Simon commented how he had wished he had had a conversation with Rose about Power of Attorney.
Simon found a really helpful and supportive solicitor who recommended that he apply to become a Deputy for Rose, with the Court of Protection. Simon simply had to obtain a Mental Capacity Assessment for the COP3 paperwork. Two months later, and multiple emails and phone calls to the GP practice, only to find they were just too busy to help.
The Solicitor instead recommended that Rose's case be referred to Thornton & Lee , who within 48 hours of the referral, completed a face-to-face C0P3 Mental Capacity Assessment with Rose. Simon could finally rest easy knowing that he had got Deputyship and could get all of Rose's financial affairs in order, access funds to repair the property, before placing it on the market for sale.
Simon told us that nothing compared to knowing that Rose was safe and happy in the nursing home, and that he could continue to pay the fees and secure her a place there to live out her days.
Mental Capacity Assessment – Entering into Lasting Power of Attorney Case Study
Frank
Frank grew up and spent his working life in Grimsby, starting on the lines in a factory in the fishing town, before progressing to a senior position in the factory before his retirement. Frank was very proud of his long service for the factory, and the many great times he had had with his factory colleagues both inside and outside of work.
Frank had been very happily married to Lou who he met as a teenager in the local fish and chip shop. Together, Frank and Lou had two daughters Sally and Joanne, and the family shared wonderful holidays together whilst the girls were young. Sally and Joanne didn’t share the same affection for Grimsby that Frank did, and after going to university Sally resettled in Leister, whilst Joanne married young and followed her husband’s career around the county before eventually settling in London.
Shortly after Franks retirement Lou sadly developed early onset of Alzheimer’s disease. Frank was committed to caring for Lou at home until the end. Unfortunately, as Frank didn’t hold Lasting Power of Attorney for Health and Welfare, the decision maker for making decisions around Lou’s care ultimately fell to the Local Authority. This was a difficult time for Frank, as he didn’t always feel listened to by his Local Authority Social Worker regarding what he felt was in Lou’s best interests. After two years of looking after Lou at home, Frank reluctantly agreed to allow the Local Authority to move Lou into a nursing home, where she passed away a short while afterwards.
Frank decided after Lou’s death how important it was to him that people who knew him well make decisions regarding his health and welfare, consequently instructing his Solicitor to draw up a Health and Welfare Lasting Power of Attorney naming daughters Sally and Joanne as his Attorney’s.
9 years later at 76 years of age, Frank suffered a series of infections, resulting in multiple hospital admissions. Due to the acute infections, Frank developed delirium, and over a 6-month period of time in 2021, he experienced several falls at home, his mobility temporarily impaired by the delirium, which was also leading Frank to feel quite confused and forgetful during this period.
Sally and Joanne began arguing about what they felt would be Franks best interest. Sally believed that Frank’s needs would be best met in a residential home, where as Joanne began placing pressure on Frank to move into her home in London, so that she could be sure ‘he was safe’. As Frank’s delirium began to resolve his thinking was becoming clearer once more. Whilst he was willing to accept some help in his home, he didn’t want to move into residential care, nor did he wish to leave his home and move to London. Although his confusion had settled, his daughters’ views had not, and continued to argue between themselves, and individually pressuring Frank to see their perspective.
The arguments between his daughters were causing Frank a great deal of sadness and stress, and so he made an appointment with his Solicitor to discuss his options. The Solicitor suggested revoking the current Lasting Power of Attorney and entering into a new Health and Welfare Lasting Power of Attorney with the Solicitor appointed as a Professional Attorney, along with recording on the new Lasting Power of Attorney Frank’s own wishes and preference for current and future care.
Thornton & Lee were instructing to complete a Mental Capacity assessment for entering into a new Lasting Power of Attorney, due to the recent confusion Frank had experienced whilst his delirium had been resolving. Our Assessor had no hesitation in concluding that Frank had mental capacity, and Frank expressed how grateful he was for being given the space to be heard and listened to by both the Solicitor and our Assessor, along the peace of mind that now he knew his preferences for his care both now and in the future would be respected. Frank tells us harmony has also been restored to his family now, since the responsibility of making future decisions for his health and welfare have been removed from his daughters and onto the Solicitor who he trusts to carry out his wishes.
Executor Capacity Assessment Case Study
Betty
Edward and Betty first met as teenagers at the Young Farmers club in North Norfolk. They bonded over a shared love of the countryside and a weekly tradition of sharing fish and chips by Cromer Pier, watching the waves and the fishing boats on the horizon. Their young romance blossomed, leading to a beautiful wedding surrounded by family and friends.
As the years passed, Edward continued his work on the family farm, while Betty became a nurse, bringing her compassionate nature to those in need. Though they longed for a family, it seemed unlikely until, after years of hope, they were blessed with a son, Alex. Their joy was immeasurable, and the family thrived in the close-knit community of North Norfolk.
Over time, Alex grew up, married Amy, and brought three grandchildren into their lives. As Edward and Betty grew older, Alex gradually took on more responsibility at the farm, allowing his parents to enjoy a more relaxed pace of life. But as the years went by, subtle changes in Betty’s behaviour became harder to ignore. Eventually, she was diagnosed with early-onset Alzheimer’s disease.
The family rallied together to care for Betty, but as her condition worsened, it became clear that keeping her safe at home was becoming too difficult. After several incidents where Betty wandered from home, they made the tough decision to move her to a nearby care home. Edward continued to visit her daily, bringing photos and reading to her, even as her memories of him faded.
A year later, Edward became seriously ill and was diagnosed with pancreatic cancer. Despite a brief battle, he passed away in hospice, leaving the family heartbroken. Following his passing, Alex visited their family solicitor, Janice, to discuss Edward’s Will. The Will left everything to Betty initially, but as she was also named executor, her capacity to act in this role needed to be confirmed.
Given her Alzheimer’s diagnosis, Alex knew Betty could not fulfill this responsibility. Janice explained that Betty would need an executor capacity assessment, and a PA14 probate form would need to be completed. But the journey to get this done proved frustrating. Betty’s GP declined, citing lack of qualification, and social services also refused to help, leaving Alex feeling helpless.
After several dead ends, Amy conducted an online search and found Thornton & Lee. Within two days, they arranged an assessment for Betty, providing a clear and comprehensive report along with a completed PA14 form within a week. This efficient support allowed Alex and his solicitor to move forward with probate, bringing much-needed relief after a challenging time.
If you need to arrange an executor capacity assessment or require help with form PA14, please contact Thornton & Lee. Our team is here to offer professional and compassionate support.
Testamentary Capacity Assessment – Entering into a new Will Case Study
Nancy
Nancy was born in Birmingham, and along with sister Norah, had very happy memories of family life growing up in the Lichfield area. During a night out to the cinema together in her early 20’s, sister Norah met a kind man, later marrying and moving away to the Norfolk coastal town of Cromer.
Nancy remained in the Lichfield area, and finding herself very good with figures, decided to study accountancy. Nancy had a wonderfully successful career as an accountant, going from strength to strength in her working life. During the next 25 years whilst Nancy excelled in her career, she also found herself to be skilled at purchasing property to be rented out in her local area. By her 55th birthday, Nancy had accumulated a portfolio of 8 rental properties, most of which were mortgage free, in addition to also owning her own lovely home.
A sociable and personable woman, Nancy had many wonderful friends, but had never seemed to be in the right place at the right time, as far as romance was concerned, and hadn’t settled down to have a family like her sister Norah. Although she enjoyed many joyful breaks to Cromer over the years to spend time with Norah and her growing family of nieces and nephews, who gave Nancy an enormous amount of love and joy.
Soon before turning 60 years of age, by chance after missing her usual bus home from the office, Nancy ran into Matthew. A short courtship occurred, and quite taken with him, Nancy accepted a marriage proposal from the charming Matthew after he swept her away to Rome for a romantic weekend around 3 months post their chance meeting.
Two years after the wedding Nancy felt disillusioned and low by her life with Matthew after his gambling problems came to light, and after he had proceeded to repeatedly drain the couples joint bank accounts, paying off gambling debts. Things with Matthew came to a head after Nancy discovered messages to another woman on his mobile telephone, and she instinctively fled to Norah’s home in Cromer to consider her options.
Some time after arriving at Norah’s home, Nancy collapsed early one morning after becoming suddenly dizzy and was rushed to hospital. Unfortunately, a series of tests in hospital revealed the unthinkable, that Nancy had a tumour growing on her brain which was terminal. Under the love and care of Norah and her family, Nancy made the decision to move in with Norah and her husband, so that she could spend her last few months surrounded by love and support.
Shortly afterwards Nancy contacted a Solicitor as she felt strongly that she wished to have her affairs in order, to include separating everything that she could away from the frivolous clutches of Matthew. Nancy felt strongly that when the time came for her to die, that she wanted her nieces and nephews to benefit from her estate as young and loyal family members who could benefit from a springboard financially, and not Matthew.
Nancy’s Solicitor instructed an Assessor from Thornton & Lee to attend to Nancy at Norah’s home to complete a testamentary capacity assessment, advising Nancy a robust report to be filed with her Will would help repute any potential challenges to her new Will by Matthew, or anybody else in the future. The Assessor spent time with Nancy listening to what was important to her, including her wishes for how she intended to divide her estate upon her death between her nieces and nephews’, and her motivation for who she had chosen to include, and those she had chosen to exclude as beneficiaries of her new Will. The Assessor compiled a court standard Testamentary report promptly and efficiently, returning this to the representing Solicitor so that should Nancy’s health decline more rapidly, all her affairs would be in order, and Nancy could be assured that her wishes would be honoured.
Gifting and Mental Capacity
Evelyne
Evelyne was born and raised in Albury, where, at the age of 19, she met her husband, Philip, through mutual friends. The couple married a year later and had three children together: Everitt, Susan and Lisa. As a family, they enjoyed travelling abroad and had fond memories of visiting the Lake District.
Evelyne initially trained as a hairdresser; however, following the birth of her first child, she devoted her time to raising her family and managing the home. Philip was quickly promoted to a management position at a local car showroom and was able to provide comfortably for his family.
Evelyne and Philip shared a love of nature and history and wanted to ensure that their children were raised with an appreciation of culture, as well as respect for the environment in which they lived.
In time, the children completed their education and began building lives of their own, with the unwavering support and encouragement of their parents. After many years in a stable role, Philip decided to establish his own showroom, having saved carefully over time. This marked an exciting new chapter for the couple, with Evelyne fully supporting the venture and working in the business as a secretary. The business continued to grow, and Philip ultimately chose to sell the company prior to retirement, leaving the family in a financially secure position.
Evelyne and Philip used some of the proceeds from the sale to sail around the Greek islands, something they had always wished to do. They also chose to gift each of their three children an equal sum of money to support them in their own lives. However, their eldest son, Everitt, was unhappy with this arrangement and felt that, as the eldest, he should have received a larger share. Thereafter, disagreements between the siblings continued, and relationships deteriorated despite their parents’ best efforts to preserve family unity. Following further disputes relating to money, Everitt became estranged from the family and has now had no contact with them for the past five years.
Evelyne began to notice changes in Philip’s presentation, including difficulty recalling small details such as how to spell certain words. Over time, these difficulties became more pronounced, and he was diagnosed with Alzheimer’s disease. Philip’s mobility and cognition continued to decline over the following years. Sadly, he later suffered a significant stroke and passed away after a short stay in hospital.
Evelyne’s daughters rallied around her to support her with the funeral arrangements. Susan, who lives closest to her mother, began providing daily support, including maintaining the garden, assisting around the home and checking in regularly. Lisa, although living further away, remained in regular contact by telephone. Everitt did not attend his father’s funeral and made no contact with his mother, despite having been informed of his father’s passing by a family friend. Evelyne’s grief was further compounded by her son’s actions, and she felt that, without the support of her daughters, she would not have managed through this period.
Evelyne continued to live independently until, a year later, she experienced a fall and required a lengthy hospital admission due to a fractured hip. Following corrective surgery, she returned home with short-term care in place to support her rehabilitation. Her bed was moved downstairs, and she was no longer considered safe to use the stairs. Although it took time for Evelyne to adjust to both receiving care and living downstairs, she remained grateful to be in her own home. After a period of rehabilitation, she was once again able to mobilise independently with her frame, and her care package ended. Susan increased the support she provided following her mother’s return home, including batch-cooking and attending to household chores, to reduce the risk of Evelyne bending or standing for prolonged periods and potentially suffering another fall.
Evelyne was deeply grateful for the support Susan had provided and wanted to show her appreciation in a meaningful way. Susan works part-time and had been visiting her mother on her days off and at weekends. Although mother and daughter share a close and loving relationship and value the time they spend together, Evelyne nevertheless wished to acknowledge Susan’s practical and emotional support by making a financial gift and arranging regular monthly payments. Evelyne also wished to show her appreciation to her other daughter, Lisa, by making a gift to her as well. Whilst Evelyne loves her son, Everitt, dearly, she does not feel that he is deserving of a gift due to his estrangement from the family and his absence at his father’s funeral.
Evelyne is the beneficiary of her late husband’s estate and considers that she has significant surplus funds which she would prefer her children to benefit from during her lifetime, rather than after her death. Having lost her husband less than a year earlier, Evelyne was keen to make the most of the time she has left and felt that she would be unable to spend all of the money herself. Instead, she wanted those she loves to benefit from it now.
During discussions with her solicitor, and in light of the previous challenges raised by her son Everitt, Evelyne was advised to undergo a mental capacity assessment to support and evidence her decision-making. Thornton & Lee were recommended for this purpose.
Thornton & Lee promptly arranged an appointment with Evelyne at a time and date convenient to her, with no recipients of the proposed gifts present. Evelyne was relaxed and able to express her wishes clearly, explain her rationale for the proposed gifts and demonstrate that her views were given freely, without influence, and from a pragmatic and caring perspective. A robust, evidence-based report was provided to Evelyne’s solicitor within seven days of the appointment. Evelyne expressed relief that her wishes were being properly carried forward and, importantly, that there was clear evidence of her capacity at the time the gifts were being made, helping to protect both her and her daughters from any potential future challenge.
If you are considering making a gift, contact us today to discuss how we can support you or your loved one to move this forward.