Mental Capacity Assessments

Manage the risk of assessing capacity

In recent years, the need for enhanced due diligence for legal professionals when assessing at-risk individuals has been highlighted. Legal professionals will need to submit evidence that due diligence and processes were followed if they are ever challenged at a later date. Read below how you can carry out a consistent, objective mental capacity assessment that has an auditable outcome.

The benefits of mental capacity assessments

Available with Arken Professional, Comentis' mental capacity assessment engine facilitates an objective, dignified mental assessment.

Risk management

Manage your risk by using a professional assessment developed by leaders in the field and be able to demonstrate that due diligence and process were followed if you are ever challenged.

Consistency of checking

Have peace of mind that all staff are following the same procedure.  Also it is really useful for more junior staff where they may be lacking the experience to provide a personal assessment. 

Immediate indication

The unique clinically developed assessment provides a real-time screening and report of your client's testamentary capacity, thus enabling you to respond quickly and efficiently to any potential issues. 

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.