Blog
What 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…
Read MoreWhat is a Trust, and why might the assessment of a Trustee’s capacity be necessary?
A Trust is a legal arrangement whereby one party, known as the settlor, transfers assets to another party, the Trustee, for the purpose of managing those assets for the benefit of a third party, the beneficiary. Trusts can be intricate in nature, but when used correctly and managed appropriately, they can be highly effective in…
Read MoreWhat is the Difference Between Mental Capacity and Consent and Why Does It Matter?
At Thornton & Lee, we often receive enquiries from caring family members who advise us that their loved one “knows exactly what they want to happen” in relation to a new Will, or who they want to help with their money, for example. But is there a difference between being able to consent and express…
Read MoreMeet the Team at Thornton & Lee
At Thornton & Lee we are so proud of the talent pool of skilled and experienced Mental Capacity Assessors available for face to face and virtual assessments throughout England and Wales. All of our assessment team are qualified, registered and insured Independent Social Workers, and also our Guest Expert Mental Capacity Assessor Registered Mental Health…
Read MoreWho can complete a COP14PADep and why is this required?
Court of Protection property and financial affairs; notification and acknowledgement: A COP14PADep is a notification to the person who lacks capacity or is alleged to lack capacity, whom the application relates, to notify them that someone is going to apply to become their deputy for property and affairs with the Court of Protection. The person…
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