by leading medical consultants
Most of us take the mental capacity to carry out a common task or make an important decision for granted. However, mental capacity can be affected by a variety of illnesses such as depression, anxiety or dementia, resulting in reduced ability to make specific decisions. To have mental capacity the individual must be provided with information about the choices they face, and must be able to understand and retain this information, weigh the choices in the balance and make a decision.
Impairment of mental capacity may have legal implications. For example, if you draw up a legal document such as a will or lasting power of attorney, and your mental capacity is questioned at a later date, that document may be overturned by the court, so your wishes may not be followed. If you (or someone you care for) live with a condition like dementia or depression and you need to take an important decision, it is important that an assessment is made of your mental capacity in order to prevent the decision being challenged in the future.
Testamentary capacity is a specific type of capacity where a person has the ability to draw up a valid will. To have testamentary capacity a person must be able to understand the purpose and effect of a will, who the potential beneficiaries are, the approximate size of their estate and be free of an illness which affects their judgement.
Although some legal and financial advisers are experienced with assessing people’s capacity, often a medical opinion is essential. Our consultants are experienced in complex capacity assessments, including testamentary capacity. We offer a bespoke, comprehensive assessment and are happy to work collaboratively with solicitors and financial advisers to ensure you receive a first class service.
LPA Certificate Provider
A lasting power of attorney (LPA) allows a ‘donor’ to appoint one or more people (the ‘attorneys’) to make decisions on their behalf. Our consultant psychiatrists can assess a donor to ensure they have capacity at the time that they grant an LPA, and will provide a certificate.
Mental capacity assessments may sometimes need a second opinion; for example when capacity is assessed by two different professionals and the decision or outcome differs; when there is dispute as to the validity of a previous decision; or when a GP or other professional requests a second opinion. Red & Yellow Care have expert consultants who are able to provide this service.
Retrospective Capacity Assessments
A retrospective capacity assessment may be needed when decisions made in the past are questioned by someone in the present. They may believe the individual lacked mental capacity to make a decision at the time, for example about setting up a Lasting Power of Attorney, writing a will or donating valuable gifts. Our expert, Consultant Psychiatrist Dr Rajiv Menon, has significant experience in retrospective capacity assessments.
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At Red & Yellow Care we specialise in diagnosis, treatment, care and advice for older adults. Our approach is unique – we build a complete picture of the individual – and we treat them like an individual. We guarantee fast and flexible appointments with the very best specialists.
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Because we are the specialists in health for older adults, we can offer all the expertise you need from one source.
We usually visit you at your home, or alternatively can see you at our consulting rooms or your lawyers office. For medico-legal capacity assessments we welcome your lawyer to be present for part of the consultation, particularly at the moment the legal documents are signed.
Clear and simple pricing.
Comprehensive health & capacity assessment: up to 120 minutes incl. report, priced at £750.
Capacity assessment only: up to 60 minutes incl. report, priced at £375.
Optional follow-ups at £300 up to 60 minutes, £200 up to 30 minutes.
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We have the best consultants and other specialists dedicated to the health of older people.
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At all times we found both you and Dr Ananth most helpful. Thank you again for all your assistance in this matter
My decisions, greatly helped by my wife, family and friends, were also sustained by the team from Red & Yellow Care
The service pre appointment was excellent and the appointment was also very good.