Services
These are the most common assessment types that AIV Visitors are requested to conduct, however our visitors are able to conduct bespoke assessments for specific decisions; please contact the Visitor in the client’s area to discuss specific decision related assessments.
For those who wish to make a Lasting Power of Attorney for Property and Financial Affairs and/or for Health and Welfare. Our visitors are able to assess a person’s capacity for this decision and act as Certificate Providers if the person has capacity. A capacity assessment report is completed which evidences the legal test of capacity for this decision. Where a donor has a known diagnosis of cognitive impairment e.g. dementia, stroke etc, a capacity assessment to make a LPA is often recommended. Additionally, where a donor has no known diagnosis of cognitive impairment but is displaying symptoms e.g. short-term memory loss, a capacity assessment is often recommended.
Offered when the Donor has no known diagnosis of cognitive impairment and no obvious symptoms of cognitive impairment e.g. short-term memory loss, executive dysfunction, dementia, stroke etc. An interview with the donor is completed to ensure they understand their actions in making and signing the LPA documents; a shortened report is completed to provide evidence of their understanding which can prevent challenges to the LPA at a later date.
Where there is concern that a person no longer has capacity to manage their property and financial affairs our Visitors are able to offer an assessment and capacity report, or COP3 form for a court application for Deputyship. Our visitors will always consider whether a person has capacity to donate an LPA as a less restrictive alternative. Where a donor has made a Property &Financial Affairs LPA previously, but has selected the option that the attorney may only act when the person lacks capacity to manage their affairs themselves, a capacity assessment and report is often required by financial institutions before they will allow the use of the LPA.
Where a person is unable to make a LPA for Property and Financial Affairs or Health and Welfare decisions and have been found to lack capacity to make a certain decision, Visitors are able to complete a COP3 form for an application for a Court appointed Deputy to make decisions on their behalf. The COP3 form provides the evidence of lack of capacity to make the decisions set out in the COP3. This can include capacity to manage their finances, to make certain welfare decisions, to act as a Trustee of a Trust, and many other decisions. Additionally, Visitors have experience of assessing minors who need a deputy to manage a personal injury award. Visitors are also able to complete COP3 forms where necessary for one off, specific decisions relating to applications to the Court of Protection or for more general authority to make decisions.
Our visitors are able to offer capacity assessments to establish if a person has lost the capacity to make Health and Welfare decisions for themselves. This can be used where a person has made a LPA for Health and Welfare and the attorney wishes to confirm that the donor no longer has the capacity to make these decisions for themselves requiring the attorney to act on their behalf under the H&W LPA. This assessment is also required where a person wishes to make an application to Court to be appointed as a Health and Welfare Deputy. A report or COP3 form can be completed by visitors as required. Please note that where a person is involved with health/social care services e.g. hospital discharge, adult social services involvement, DoLs assessment etc, they may be entitled to a free capacity assessment from the service involved e.g. Doctor/ Social Worker/Best Interests Assessor.
Where a person wishes to change, revoke or make a new Will our visitors are able to apply the relevant legal tests to advise on Testamentary Capacity. This assessment is recommended where there may be a contentious Will, unequal distribution or where there are any concerns that a person has a cognitive impairment, diagnosed or undiagnosed. Our visitors are able to assess capacity where a person wishes to set up a Trust as part of their will. In addition, our visitors are able to make assessments for statutory wills.
Where a Statutory Will is being considered on behalf of P, our visitors can conduct a Views and Wishes assessment to evidence P’s views and wishes for the purposes of a Statutory Will application.
Our visitors often assess a person’s capacity to act as an Executor to a Will and complete a PA14 where applicable.
Visitors are able to conduct capacity assessments to consider whether a person can make decisions about their case and instruct a solicitor to act on their behalf in legal proceedings due to a diagnosed or undiagnosed cognitive impairment. Where a person lacks capacity to litigate, a Litigation friend can be appointment to manage proceedings on the person’s behalf. The Court often require evidence of this lack of capacity to litigate and a report will be completed setting out the person’s capacity and can also comment on any adjustments that may be considered by the court to enable the person to take part in proceedings.
This is a type of capacity to litigate assessment as a person needs to be able to understand the advice of a Solicitor, retain and weigh the necessary information before instructing the Solicitor on how to act. The person needs to be able to comprehend the nature of a marriage and the impact of divorce in terms of living arrangements, contact, children and finances.
Sometimes a person can be appointed as a Trustee of a Trust, however they later go on to develop a cognitive impairment and questions arise about whether they have capacity to act as a Trustee or to make a decision to retire as a Trustee. Our visitors are able to assess if a Trustee can comprehend their duties, legal obligations, and the impact of their decisions on beneficiaries. A COP3 form can be completed if Court of Protection approval is needed to remove a Trustee or act in their place. Our visitors can also assess if a person can set up a Trust if, for instance, they have been awarded a personal injury award.
Our visitors are able to assess whether a person has capacity to buy and/or sell property and complete a report or COP3 form as required. Our visitors often assess whether a person understand the implications of taking out an equity release scheme.
Where a person wishes to make a financial gift to another person, be that in money or an asset of value e.g. gifting half a property. This assessment is useful where there may be concerns or questions over a person’s capacity due to diagnosed or undiagnosed cognitive impairment or where there are no concerns regarding capacity but there are concerns about family dispute and/or future legal challenges.
In the UK a person must understand the nature of the marriage contract, along with their rights, and responsibilities including financial aspects, to be able to consent to marriage. Our visitors are able to conduct capacity to marry assessments where there are concerns that an impairment of mind may be affecting their decision making.
Our visitors are able to complete annual reviews to provide evidence that a Professional Deputy is meeting the Office of the Public Guardian Assurance standards for Professional Deputies. Visitors will visit ‘P’ in their home or care setting, review care arrangements, financial arrangements and obtain ‘P’’s view or wishes about the Deputyship. Visitors complete a report which evidences professional standards and provides recommendations for future actions by the Deputy.
Please contact the Visitor for your area to discuss any capacity assessment for a specific decision at a specific time.
Just a quick note to thank you for your reports in relation to [these clients] for whom I am a Court of Protection Deputy. They were very thorough and reassuring.