The role to act as an Executor of a Will, requires a general understanding of property and financial affairs, in addition to the legal responsibilities that fall to the role of an Executor of a Will. If the named Executor in a Will has experienced a deterioration in their memory, or a major change in their health, it might be possible that they no longer have the Mental Capacity to fulfil their role as an Executor and carry on with their duties. Assessments of Capacity to act as an Executor are carried out under the Mental Capacity Act (2005).
What is involved in a Capacity to Act as an Executor Assessment
Our friendly Independent Social Workers can complete the Mental Capacity Assessment via Secure Video Link, or face to face with the Individual. Skilled in Mental Capacity assessments, we always ensure the individual is comfortable, and at ease for the duration of the assessment, which takes around one hour. If a PA14 form is also required to progress probate, we are also able to complete these forms from the evidence gathered during the Mental Capacity assessment.
What is a PA14 Probate Form
In addition to a Capacity Assessment to Act as an Executor, occasionally a PA14 form will also be required. The PA14 Probate form is a Certificate signed to confirm that the individual lacks mental capacity to proceed with a Grant of Representation Application, nor to act on the administration of an estate.
Who can complete a PA14 Probate Form
Historically the PA14 could only be completed by a medical professional, however many GP’s and medical professionals now decline to complete this form due to their own work pressures, or the more specialist nature of having to assess and document a conclusion regarding understanding of property and financial affairs under the Mental Capacity Act (2005). This has led to significant delays in progressing probate, creating additional strains on what is already a potentially stressful situation.
Thornton & Lee are in regular communication with HM Courts and Tribunals, who confirm and welcome PA14 Forms completed by our experienced and registered Independent Social Workers.
The completed Mental Capacity report, and the signed PA14 Probate Form are returned within 7 days of the assessment appointment.
How long does a Capacity to Act as an Executor Assessment take?
The Capacity to Act as an Executor Assessment, depending on the complexity of the individuals needs, will usually take approximately an hour.
Video Assessments for Capacity to Act as an Executor
We can offer a face to face Capacity to Act as an Executor assessment, but in most cases we facilitate Video appointments. Our Secure Video Platform is accepted by the Court as a trusted method of assessment. However, if a face to face assessment is deemed essential please get in contact to discuss your needs.
It is important to us that every person we work with feels comfortable and at ease during the entire assessment process. Our person centred approach, and experienced Mental Capacity Assessors are personable and skilled at putting individuals at ease.
Quick Appointment Availability and Report Turn Around
We know time is of the essence and so proudly offer appointments 7 days a week, to flexibly fit in with your life and availability. However please note we do suggest that you seek independent legal advice to ensure the assessment carried out by us is appropriate for your needs.