better able to accommodate the person’s particular disability and therefore be
better able to obtain the information needed to allow a proper assessment of
capacity.
It is always best to ensure an assessor is aware of the client’s background, the
cause of their incapacity and any other relevant details that may help inform the
assessor’s evaluation. It is advisable for the assessor to review any previous
assessments and, where possible, speak to medical or psychiatric professionals
who have dealt with the client. Although an assessment does not have to canvas
every issue in detail or provide an exhaustive review of all relevant evidence, the
more complete an assessment and the more thorough an assessor’s preparation
before conducting the assessment, the less chance there is that the assessment
will be successfully challenged.
As with statutory guardianships, the production of positive capacity assessments
will usually be sufficient to terminate a court appointed guardianship. Terminating
a court appointed guardianship on the basis of positive capacity assessments
requires that an application be made before the Superior Court of Justice
(Estates Court) to obtain a court order terminating the guardianship.
An assessment cannot be more than 6 months old when it is submitted to the
court, so it is best to ensure that all will be ready to proceed to court before
scheduling an assessment.
A. Who Should Prepare AssessmentIn general a formal report prepared by a designated capacity assessor on the
proper forms should be presented to either the PGT or the Court as evidence of
capacity to justify the termination of a guardianship.