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Retrospective Mental Capacity Assessment
What is retrospective capacity?
When an individual’s decision-making is contested on the grounds they lacked capacity at the time of making a decision, we can provide a retrospective assessment to identify their capacity. This can include a mental capacity assessment of the individual, reviewing medical records, and discussions with family, friends and professionals.
What can a retrospective assessment include?
Depending on the situation, a retrospective capacity assessment can include:
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A Montreal Cognitive Assessment (MoCA)
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A transaction specific Financial Vulnerability Assessment
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A transaction specific Family and Friends Interview
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A review of medical records
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A Mental Capacity Assessment in line with the Mental Capacity Act (2005) and relevant case law
Outcome
By completing these different interviews and assessments, we can carry out a thorough investigation and ascertain the probability of the individual having the capacity for a specific decision at a specific time. Retrospective assessments can be completed pre and post-mortem for a range of specific decisions.
