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What Happens if Someone Refuses a Mental Capacity Assessment for a Deputyship Order?
When making a deputyship application to the Court of Protection, a mental capacity assessment is usually required to determine whether a person has the ability to make the relevant decision for themselves. This assessment is commonly completed using a COP3 form. Sometimes, however, the person being assessed may be reluctant or unwilling to engage in…
Read MoreCommunication and Mental Capacity: Why the Right Approach Matters
Communication and mental capacity are fundamentally linked. A person may have the ability to make a decision, yet this can be overlooked if information is not presented in a way they can understand or if they are not adequately supported to express their views. Effective communication is therefore not peripheral to capacity work; it is…
Read MoreMental Capacity to Make a Lasting Power of Attorney (LPA): Frequently Asked Questions
At Thornton & Lee, mental capacity to enter into Lasting Power of Attorney (LPA) is one of our most popular mental capacity assessment services, with our assessors completing many of these types of assessments each week. Entering into an LPA allows an individual (the donor) to effectively plan ahead for their future should they come…
Read MoreWhat is a Deed of Transfer and Deed of Gift and why might a capacity assessment be required when transferring property ownership.
The transfer of a property is completed by signing a Deed of Transfer (commonly a TR1 form in the UK), a legal document that formally transfers property ownership from a seller to a buyer. This enables the Land Registry to update the title. Transferring ownership of property is a significant decision that should, where possible,…
Read MoreWhat to do when Lasting Powers of Attorney go wrong, and the role of the Office of the Public Guardian, the Court of Protection and Panel Deputies
The importance of Lasting Powers of Attorney At Thornton & Lee, we complete independent mental capacity assessments in matters involving concerns about current attorneys or revoking an existing Lasting Powers of Attorney (LPAs) for solicitors frequently. This blog explains what happens when LPAs go wrong, and where you can go for help. It is important…
Read MoreThe importance of mental capacity assessments in financial decision-making
Why might a mental capacity assessment be necessary when approaching financial decision-making? A mental capacity assessment may be required in several circumstances, including when drawing up and entering into a Lasting Power of Attorney (LPA) for Property and Affairs as a donor, when considering an Equity Release or when applying to the Court of Protection…
Read MoreEquity release; understanding the implications and why a capacity assessment may be required before proceeding.
What is equity release? Equity release is a product offered by a company that enables homeowners to access funds from their property. This can be used to finance home improvements, such as a new bathroom or kitchen, or to provide financial support for a loved one. It can also be used to increase pension income.…
Read MoreWhat Affairs to Get in Order After a Diagnosis of Dementia
Receiving a new diagnosis of dementia (or suspected dementia) is life-changing and often brings practical, emotional, and legal considerations that need careful exploration and planning. As dementia is a progressive illness, and there is currently no cure or reversal, acting early, while you still have mental capacity, is essential. Early planning places you in an…
Read MoreGifting capacity
What is a gift and what are the legal implications? Why might a capacity assessment be required when gifting? A gift is the transfer of money, property or possessions without expecting anything in return. For a gift to be valid under UK law, the following three conditions must be met: Gifts are given for a…
Read MoreAssessing Mental Capacity for Lasting Power of Attorney: What You Need to Know Before It’s Too Late
Deciding who you trust to handle your affairs if you are unable is never an easy decision. However, entering into a Lasting Power of Attorney (LPA) can offer confidence and peace of mind for both yourself and the people you love. Under an LPA, you can choose the person(s) you trust to know and respect…
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