After a wonderfully productive and rewarding first year following the launch of our Social Work Consultancy, in which we have had such positive opportunities of working with legal and financial professionals and members of the public alike, we have now extended our service offering in response to requests and demand from legal and financial professionals.
Mental Capacity to act as an Executor assessment
Due to the nature of Wills, in that one usually draws a Will up when they are in good health, whilst planning ahead for the future. It is not uncommon for a decade or more to pass before the chosen Executors of the Will are called upon to fulfil their legal responsibilities. Consequently, the health or cognition of the Executor may well have changed over the time which has elapsed. The role to act as an Executor of a Will, requires a thorough 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 cognition, it might be possible that they may 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).
PA14 form for Probate
In addition to a Capacity to act as an Executor assessment, 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 act on the administration of an estate.
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 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 Social Workers.
Mental Capacity to act as a Trustee assessment
Similarly to the role of an Executor, a lot can change for a Trustee from the time they are bestowed the legal responsibility, to when they may need to fulfil their responsibilities, or the length of time they might be required to remain an acting Trustee. Our mental capacity assessments are completed in a friendly person centred and conversational approach. Ensuing that the individual is put at ease, in order to promote positive engagement with the individual. An overview of the details of the Trust is required, for this assessment which is completed underpinned by the Mental Capacity Act (2005). Our Court standard robust reports are returned within 7 days of the assessment taking place.
Mental Capacity for Equity Release / Lifetime Mortgage
This assessment is completed under the Mental Capacity Act (2005). Our experienced Mental Capacity Assessors will explore with the individual their understanding of the terms of the agreement that they are proposing to enter into, along with their ability to understand and weigh up the impact of the final settlement fee, including the impact of the products interest rates. Our comprehensive and legally evidenced reports are returned to the referrer within 7 days. Our Assessors are personable and able to adapt to any specialist communication needs, ensuring that the individual feels relaxed and engaged throughout the assessment process.
If you are interested in discussing any of the new services mentioned above, get in touch with our friendly Independent Social Workers today.