Specialists in Mental Capacity Assessments

TSF were the first to offer a national network of our own specialist assessors focussing purely on mental capacity.

Preparation is Key

We have a range of unique processes that enable us to identify the threshold of understanding and associated question set for every decision we assess. Pre-planning is essential, hence we NEVER rush through any assessment. Doing so will risk the integrity of the post-assessment report and face possible rejection from the Courts, and the consequent unnecessary delays and stress.

We pride ourselves on our own unique Quality Monitoring team whose sole purpose is to ensure our assessments and outcomes are of the highest quality, producing some of the most robust reports in the industry which stand up to legal challenge.

Simple Process

We are acutely aware that the assessment process can appear confusing and that you want the process to be as simple as possible. That’s why we have a team of dedicated Client Liaison Officers who will see your case through from start to finish, and who will arrange an assessment directly with the client or care home.

TSF were the first company to undertake remote capacity assessments in 2017, and have completed many with clients ranging in age from 15 to 109, with conditions including Cerebral Palsy, brain injury, schizoaffective disorder, dementia, stroke and depression, and those who are deaf, blind and non-verbal.

Giving you Choice

Whilst assessments via video-link is currently the default method, we also complete face-to-face assessments, as required. We use a range of platforms to complete our remote assessments to suit whatever’s best for the client.

To find out more about how we can help you please contact us.

What Mental Capacity Assessments do we offer?

Testamentary capacity, or capacity to make a Will is not covered by the Mental Capacity Act (2005) and requires a legal test known as Banks v Goodfellow. Contact us to arrange an assessment.

Like testamentary capacity, capacity to litigate is not covered under the Mental Capacity Act (2005). Rather it is covered by case law, the most recent being Dunhill v Burgin (2014). Contact us to discuss your case further.

The capacity to manage property and financial affairs assessment covers a broad range of topics such as savings, income, outgoings, bank accounts, budgeting and property values. Contact us for more detail.

For a Lasting Power of Attorney (LPA) we can act as a certificate provider and provide an accompanying report if needed. Contact us to discuss how we can assist you.

Falling within the MCA 2-stage test our assessors can skilfully complete a CoP3 form or report for these highly complex and important assessments. Our assessors’ expertise proves invaluable, contact us for details.

A surprisingly complex assessment for which our assessors skillfully apply the current lead case law, Re Beaney (1978), often combined with Banks vs Goodfellow. Contact the team to find out more.

Capacity assessments are complex – often individuals feel that an independent, second opinion is needed on a whole range of subjects. Contact us to coordinate an additional assessment if needed.

Having completed a Mental Capacity Assessment, we can also complete Part B of the CoP form which is submitted to the Court of Protection. Contact us for more information.

An assessment to ensure an individual has the capacity to undertake what can be the complex duties involved in an executor role on someone else’s Will. Contact us for more details.

Using Banks v Goodfellow (1870) case law, when an individual has been deemed to lack capacity to make a Will and evidence of this is required to support an application to the Court of Protection for a Statutory Will. Contact the team to find out more.

Assessments for capacity to purchase an Equity Release/Lifetime Mortgage fall under the Mental Capacity Act (2005) and ensures an individual fully understands the possible consequences of their actions. Contact the team to find out more. 

Using case law Southwark v KA (2016), this assessment is necessary to protect the vulnerable and ensure that those entering into a marriage contract fully understand what they are committing to. Contact us for more information.

Capacity to use social media and the internet falls under two linked judgments; Re A (Capacity: Social Media and Internet Use: Best Interests) (2019) and Re B (Capacity: Social Media: Care and Contact) (2019), protecting the vulnerable online. Contact us for more details.