What should you do if you suspect your client does not have capacity?
With our fast ageing population, bankers, brokers, insurers, estate lawyers, investment advisors and family offices are experiencing increased demand for capacity testing for senior members of families.
At RCM Health Consultancy, we have extensive experience in this area. With a team of specialized certified assessors for property, medical, long-term placement and personal care, we are able to meet all legal needs and family concerns.
A critical fact for financial institutions and insurers to keep top of mind:
“Is my client capable of making independent decisions?” It is important to recognize that the answer to this critical question can change quickly. The capacity of the individual being assessed may fluctuate with time, and with respect to different tasks and different situations.
For this reason, it is recognized as best practice for lawyers to have a clear chronology of when assessments took place.
To facilitate the process, and pre-empt challenges, RCM capacity assessors work with families and their legal advisors to clearly document all steps taken to address capacity issues.
We are also able to locate the latest capacity assessments when needed for dispute settlements.
As well, we provide retrospective reviews of medical evidence so as to help determine whether an individual, at a particular time, had the requisite capacity to make a specific decision or complete a specific task.
Resolving capacity related challenges:
Capacity assessment is complex. Capacity is known as decision, time and situation-specific. There are different capacity tests to determine an individual’s specific capacities in relation to a specific task or decision (i.e property or medical), at a point in time.
Family dynamics and disagreements over an individual’s capacity regarding a property or personal care decision can complicate matters further.
RCM’s experienced assessors take a human centric approach, addressing with compassion the concerns and fears of the individual and their family members.
Our assessors are often introduced early into the decision-making process to normalize the use of assessments, identify red flags, and support the lawyer or advisor so they can be satisfied that there was no question concerning the individual’s capability to undertake a specific transaction at that time.
For a legal determination of a person’s mental capacity for making decisions about property and personal care, our specially qualified assessors comply with all specific legislative guidelines and complete all required capacity assessment forms. Our expertise extends to ensuring compliance with FIPPA.