There are a wide range of professionals with skills and experience to undertake assessments of capacity but AIV Visitors pride themselves on the added value they bring to assessments and visits. AIV Visitors put the person at the centre of the process; here are just a few examples to give you a flavour of the type of work that we do and how we work to support our clients.

1. Deputyship Review

A Deputyship review visit was conducted to P on behalf of the Local Authority (LA); P lives out of county at a specialist care home and has no family actively involved.  Our Visitor noted the worn and somewhat depressing condition of the care home. The LA were surprised by this as this wasn’t the impression they were given by the home.  P has some savings and the case worker had asked the home to refresh his room having moved rooms recently and to ensure some new furniture had been purchased. At the time of the visit, this had not happened. Our Visitor suggested that P might benefit from some music therapy or even just to ‘jam’ with another local musician as his only real interest is music and he chooses not to engage in much else.  Since our visitor reported her concerns; the case worker has said, “Your discoveries highlight how important the visits are. I am happy to follow up with the care home once I receive your report.“

2. Property and Affairs Deputyship Capacity assessment

Our Visitor visited P, who lives with their mother; the request was for a COP3 for Property and Affairs (P&A) Deputyship. When our Visitor met P she felt they may, with some time and support be able to make a P&FA LPA. Their advocate was present on visit and agreed that P may be able to understand the concept with a bit of time and support. The Visitor left the easy read Mencap guide with P and the advocate and will return to assess P’s capacity to make and a P&FA LPA once they have been supported to understand this. This will be the least restrictive option and would save P and the family member having to apply to COP for a P&A deputyship. 

3. Business Dilemma

P is a CEO of a company but had a massive stroke and was in a coma for some weeks.  Over time he started to regain consciousness but it was a slow process.  At the time that P had a stroke he was in the midst of selling one of the consortium’s multi million pound business, additionally immediate action was needed in another branch of the business to maintain income flow and make other vital decisions.  If P lacked capacity to make these decisions then an application to the Court of Protection was required which would result in inevitable delay.  Our visitor saw P in the Intensive Care Unit of a Hospital; although P could speak very little, it was established that P could communicate via head and eye movements and a portable white board.  P made it clear that he wished to appoint 3 named individuals to act on his behalf whilst he was indisposed.  P was found to have capacity to make a LPA for Property and Financial Affairs, he was also able to make a general power of attorney to enable the named individuals to act in day to day matters and to steer the sale of one of the consortium’s businesses, whilst the Office of the Public Guardian was dealing with the registration of the P&FA LPA.  This work was effected over two days and the commissioning solicitor fed back; ‘thank you for all that you have done on this matter.  We do appreciate that you made 2 visits to the hospital and spent as much time as needed, firstly with P and later with me and P one more time.  Your report was very thorough and very fair, I am grateful that we had someone with your experience and expertise working on this matter with us.’ 

4. Testamentary Capacity

P has fluctuating capacity and an assessment was required to establish whether P has capacity to make a Will in line with their initial instructions to the solicitor. A visit was made and it was established that P has testamentary capacity; a report was submitted and P was able to sign their Will.  The instructing Solicitor commented, ‘I am hoping that I can persuade you to carry out a testamentary capacity report for me!  The last one you did was so helpful and informative.’

5. Capacity to revoke and make new LPAs

P had previously made Property and Financial Affairs, and Health and Welfare LPAs but later revoked them in favour of other parties. The Visitor was asked to assess whether P had capacity to revoke the earlier LPAs and make new ones in view of their impaired cognition. The Visitor conducted the assessment and was of the opinion that the person no longer had the mental capacity to revoke or make new LPAs. The Capacity report could then be shared with the Office of the Public Guardian to address the registering of the new LPAs. 

6.  Capacity to purchase a property

P had been residing with her mother for some years prior to her mother’s death despite having her own property. P wished to continue to live in the family home having grown up there and then living there for some years, in her later life.  P’s sibling was happy for P to purchase their share of the home so that P could continue to live there.  However, in the last few years P’s cognition had deteriorated; P struggled with word finding and short term memory loss, P was anxious and not comfortable speaking to strangers.  P had also refused to see the GP for many years so there was no diagnosis of P’s condition.  The Solicitor and Executor to the Will requested that an assessment was conducted of P’s capacity to purchase the property.  The Visitor visited P in her home, P was initially anxious however the Visitor was able to put P at ease and provide support in a way that P was able to access.  It was established that P had capacity to make the decision to purchase the property.  During the assessment, P was able to talk about her difficulties with word finding and short term memory loss, the Visitor encouraged P to visit her GP.  After the visit, P was able to complete the purchase of the family home so that she could remain living where she was most comfortable. Additionally, P attended an appointment with her GP and took the first step in seeking support for her condition.

7. Capacity to revoke and make new LPAs (Property and Financial Affairs & Health and Welfare)

P had previously made LPAs appointing her nephew as LPA for both Property and Financial Affairs & Health and Welfare.  However over the intervening years P and her nephew had lost contact and P had not seen or had contact with her nephew for quite some time.  P was newly diagnosed with dementia and was being supported daily by her friend and neighbour.  P decided that she wished to revoke her previous LPAs and make new ones appointing her friend as her LPA for both Property and Financial Affairs & Health and Welfare.  P contacted her solicitor to revoke and make new LPAs; P’s solicitor requested a capacity assessment due to P’s diagnosis of dementia and the potential for challenge from family.  On assessment P was found to have capacity to make the decision to revoke and make new LPAs.  The Visitor acted as Certificate Provider for the LPAs and completed a full capacity report to sit alongside the new LPAs.

8. Testamentary Capacity Assessment

P was experiencing mild short term memory loss and struggling with problem solving, however P wished to change his Will and make a new Will disinheriting his son.  P was able to give clear instructions to his solicitor and was clear about why he wished to disinherit his son.  P’s solicitor requested a capacity assessment to see if P had capacity to make a new Will.  During the assessment P needed some support in terms of visual aids and repetition of information, he found flow diagrams helpful to hold information in mind for long enough to make a decision.  During the assessment he was able to come to the same conclusion about how he wished to dispose of his assets in his Will consistently, and was able to satisfy the Banks v Goodfellow test.  He was able to make his new Will and his Testamentary Capacity Assessment report was held on file by his solicitor.