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Sharing our knowledge & expertise

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How cognitive impairment can impact on decision making with buying and selling property

A person’s ability to understand, retain and weigh information relevant to decisions about buying or selling property can sometimes be impacted by the presence of a cognitive impairment. In these important legal transactions, ascertaining whether a person has capacity to make the decision is crucial. An assessment of mental capacity will determine whether the individual…

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Who can assess mental capacity?

Mental capacity assessments are essential for ensuring that individuals are able to make decisions about matters such as health and welfare, property, financial and legal matters. The Mental Capacity Act (2005) outlines that assessments of mental capacity should be carried out by the person best placed, when taking into consideration the circumstances of the person,…

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Capacity to Sell and Buy Property: Understanding the Legal and Practical Implications

The sale and purchase of property are significant legal transactions, requiring a clear understanding of both the process and the responsibilities involved. For most people, these decisions are straightforward, but when questions about mental capacity arise, they can become more complex. The capacity to sell or buy property refers to an individual’s ability to understand…

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When is a mental capacity assessment needed? Key signs to look for

Mental capacity assessments are essential for determining whether an individual can make informed specific decisions about their life, including decisions about their finances or health. Whilst the majority of people are capable of making these decisions independently, there are circumstances where a person’s mental capacity may come into question. This article explores when a mental…

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The importance of mental capacity assessments in financial decision-making

Mental capacity assessments play a crucial role in safeguarding individuals who may have difficulties making important financial decisions. Whether it’s selling a property, managing investments, or handling day-to-day finances, ensuring that someone has the mental capacity to understand and make sound decisions is essential for protecting their assets and future well-being. In this article, we…

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The golden rule in regard to testamentary capacity: What it means and why it matters

The “golden rule” in regard to testamentary capacity is a legal guideline that ensures the validity of a Will, particularly when the person making the Will (the testator) may be of advanced age or experiencing mental health issues. The rule advises that in situations where there is any doubt about the testator’s mental capacity, a…

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What is a Testamentary Mental Capacity Assessment and Why Is It Important?

A testamentary mental capacity assessment is an assessment that is completed to ensure that a person has the mental capacity to make decisions about their Will. Wills are significant legal documents that reflect an individual’s final wishes regarding the distribution of their estate after death. Therefore, it is essential that the person making the Will…

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How to Prepare for a Mental Capacity Assessment: A Step-by-Step Guide

Undergoing a mental capacity assessment can be a daunting process for individuals and their families. However, with the right preparation, the process can be smoother and more straightforward. This blog post offers a step-by-step guide on how to prepare for a mental capacity assessment, what to expect, and how you can help support your loved…

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Legal Implications of Lacking Testamentary Capacity: Protecting Your Will from Disputes

When creating or altering a Will, ensuring that the person making the Will (the testator) has testamentary capacity is crucial. Without it, the legal validity of the Will could be challenged, leading to disputes, delays, and potentially costly legal battles. In this blog post, we will explore the legal implications of lacking testamentary capacity, how…

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Understanding Mental Capacity: A Comprehensive Guide for Families and Individuals

Mental capacity is a vital concept in both healthcare and legal contexts, affecting decisions that range from everyday choices to significant life-changing matters. Understanding what mental capacity entails and how it is assessed is crucial for anyone involved in supporting individuals who may be at risk of lacking the ability to make certain decisions independently….

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Considerations When Making A Will

Free Wills Month in October is fast approaching! This bi-annual event gives those aged 55 and over the opportunity to have a simple Will written (or updated) free of charge by a participating solicitor. Clients are invited to consider leaving a legacy in their Will to one of many national charities that are part of…

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The Importance of CoP3 Assessments: Navigating the Court of Protection Process

The Court of Protection CoP3 plays a crucial role in safeguarding individuals who lack the mental capacity to make certain decisions for themselves. Central to this process is the CoP3 mental capacity assessment, a formal evaluation that determines whether a person has the capacity to make specific decisions. Understanding the importance of CoP3 assessments is…

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Mental Capacity Assessments: What They Are and Why They Matter

Mental capacity assessments are a critical tool used to clarify whether individuals are able to make specific decisions, where this may be in question. They are especially helpful when a person is faced with complex legal, medical, or financial decisions and their ability to make the decision is not clear, perhaps because of an underlying…

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Why Do I Need a Mental Capacity Assessment for Capacity to Litigate?

Learn why you need a mental capacity assessment for litigation….

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Understanding Will Disputes

As many as 10,000 people in England and Wales are disputing Wills every year. Learn why having a robust will is so important….

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The Definitive Guide to Why You May Require a Testamentary Capacity Assessment

Drafting a will is a fundamental aspect of financial planning, yet it often gets overlooked due to its perceived complexity or the discomfort associated with discussing one’s mortality. However, a well-crafted will is critical as it ensures that upon one’s demise, their assets and possessions are distributed according to their wishes, eliminating potential disputes and ensuring the financial security of their loved ones. Additionally, a will also allows individuals to appoint guardians for their children and make provisions for any dependents or charitable causes they may support….

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Is “Registering LPAs” On Your “To Do” list?

Learn why registering a lasting power of attorney should be at the top of your to-do list and how TSF Assessments can help ensure peace of mind….

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The Definitive Guide to Acting as Executor

Acting as an executor is a role that demands not only legal and financial acumen but also a delicate touch of empathy and understanding. It’s a journey that involves navigating through complex paperwork, financial matters, and the emotional terrain of grieving family members. …

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The Court of Protection Explained

Designed to safeguard the rights and best interests of individuals who lack mental capacity, these forms play a pivotal role in facilitating crucial decisions related to their welfare and property. Whether you’re a concerned family member, a legal professional, or simply curious about the workings of the Court of Protection, this article aims to shed light on an often-misunderstood aspect of the legal landscape….

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The Definitive Guide to How Equity Release Works

Wondering how equity release works? It’s a financial solution that allows homeowners, typically those aged 55 or older, to release a portion of the equity tied up in their property. By unlocking this equity, individuals can access a lump sum or regular payments, providing financial flexibility in retirement. Understanding the ins and outs of equity release is essential to make informed decisions about this option, ensuring it aligns with your goals and circumstances. In most cases, a mental capacity assessment is usually required to ensure that the client understands why they wish to enter into such an agreement and its’ salient details….

TSF specialise in mental capacity assessments in England and Wales.

Phone: 0333 577 7020
Email: info@tsfassessments.co.uk

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