If you want to get a mortgage, then it is recommended to get your mental capacity assessed soon. Don’t know where to get your mental capacity assessed? You can get in contact with Mental Capacity Assess, where we help clients by assessing their mental capacity, which helps them maintain the control on their decisions.
What is meant by the mental capacity to mortgage?
Mental capacity to the mortgage means that a person understands that he or she is borrowing money from another by mortgaging some property.
What is meant by mental capacity assessment to a mortgage?
Mortgage mental capacity assessment means to assess the mental capacity of an individual to identify whether or not the person is able to make a decision regarding mortgaging his or her property to borrow money from someone. Since mortgaging a property is a huge step, therefore one cannot make such a decision if he or she lacks the mental capacity to do so.
What law regulates mental capacity assessment to mortgage in the UK?
The assessment of mental capacity to mortgage is regulated under the Mental Capacity Act 2005 in the UK. The test laid down under the Act focuses on a few factors that help in determining if a person is mentally incapable to make a decision to mortgage the property for borrowing a sum of money. Under this Act, a person would lack the mental capacity to mortgage if he does not pass the two-stage test.
- Diagnostic test
- Functional test
Under the diagnostic test, medical evidence regarding any impairment or disturbance in the mind or brain of a person is submitted and analyzed. Whereas, the functional test focuses on the person’s ability to understand the information regarding the mortgage, retain such information, and then analyze the information to make a decision about it. However, if a person is unable to do any of these, then he lacks the mental capacity to mortgage.
Why a mortgage mental capacity assessment is important?
A mortgage mental capacity assessment is important because it helps in identifying whether a person has the ability to understand and make decisions related to the mortgage. Otherwise, the mortgage would be canceled.
What would happen if you get a mortgage while not having the necessary mental capacity to do so?
In case you entered in a mortgage while not having the mental capacity to do so, and are able to prove that the person from whom you borrowed money had no clue that you lack the mental capacity to mortgage, then such a transaction will be canceled.
What are the alternatives?
If you don’t have the mental capacity to mortgage, but want to borrow some money, then you can get this done through an attorney.
For more information on mental capacity assessment to mortgage, please feel free to contact our professionals at Mental Capacity Assess, who will be using their expertise to assess your mental capacity, so that you are able to get a mortgage.
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