Mental capacity assessments

Key features and benefits of the assessment

The assessment follows the criteria for checking testamentary capacity as laid out in the ruling of Banks V Goodfellow (1870) and checks for the 4 key areas of understanding that the testator must satisfy.

Real-time assessment

Identify any capacity issues, at an early stage, to understand if the Will can be written. The report is available in real-time, thus reducing the time taken to draft the required documents.
Recognised leaders

Peace of mind that outcomes are based on a clinical and legal understanding of assessment criteria. See below for the experts involved in making these assessments reality.
Reports produced with auditable results

The provision of robust clinical evidence should outcomes be challenged. The resulting report can be used as evidence to justify the actions taken at the time and can form part of the Larke V Nugus file, if required.
Testamentary specific assessment

Ensure that the correct threshold of understanding has been identified (Banks V Goodfellow criteria). The assessments provide consistent outcomes, regardless of the practitioner.
Integrated within Arken Professional

Easy access through Arken Professional. Apply both legal and clinical expertise to each step of the journey thereby ensuring the right outcome quickly, efficiently, and cost-effectively.
Online referral

Provide your client with immediate information regarding costs for a full mental capacity assessment. This also will minimise interruption to the overall client journey.

About Comentis

Arken.legal has partnered with Comentis to bring you the added benefit of mental capacity assessments directly through Arken Professional.

Behind Comentis are three founders all with very relevant and useful experience in mental capacity and technology.

Tim Farmer, Clinical Director of Comentis, has over 25 years experience of working with people with reduced cognition. He is a multi-award-winning author and expert witness in mental capacity and financial vulnerability.

Jonathan Barrett, CEO of Comentis, has over two decades of experience in technology, taking new digital projects to market and leading in their execution and commercialisation.

Dane Taylor, Product Director of Comentis, is an experienced product leader in deploying technology solutions at enterprise level.

Why Comentis?

Comentis provides a unique blend of clinical and technical knowledge to deliver a fully integrated assessment process. By building upon the knowledge and expertise of Tim Farmer and TSF Consultants, Comentis are able to place clinical skills and knowledge associated with assessment in the hands of the legal and Will-writing practitioner in a way that has not been possible before.

In doing so, robust clinical assessments are delivered as part of the existing digital pathway with minimal impact upon the client journey, including referral for further assessment if required.

The resulting report can be used as evidence to justify the actions taken at the time and can form part of the Larken v Nugus file, if required.

How does it work?

When in Arken Professional, you will be prompted both in the client manager and on starting a new document, whether you would like to perform a mental capacity check.

On selection of the assessment*, you will be taken to the Comentis app that opens in a window within Arken Professional.

You carry out the assessment and will be presented with a rating on capacity and the ability to download the full report. The ratings are red, amber, and green. In the Arken Professional client record, you will be able to navigate back to the report at any time. They are time-stamped and will have the same matter reference as the Will.

Depending on the outcome of the assessment, you can request a referral to TSF for a full mental capacity assessment.

* please note an additional charge of £7 + VAT will be made for each mental capacity assessment selected.