Capacity to Act as a Trustee

Our Capacity to Act as a Trustee assessment is an expert opinion undertaken by our Mental Capacity Assessors, formatted in a thorough Court standard report documenting whether the individual understands sufficiently in basic terms their role and responsibilities as a named Trustee.
Case Studies

Assessors were very helpful in fitting my client in for an appointment at short notice. Communication was excellent, and the reports were prepared promptly. Thank you for your help; no doubt I will be in touch again when other clients need capacity assessments.
Nexa Law, Bromley

Thornton & Lee recently undertook an assessment for my mother who lacks capacity. The Assessor was extremely patient and reassuring. The whole process was very professional. An excellent service.

Mrs B, London

Assessing Trustee Capacity

A lot can change for a Trustee from the time they are bestowed the legal responsibility to act as a Trustee, to when they may need to fulfil their responsibilities, or the length of time they might be required to remain acting as a Trustee. Our Capacity to Act as a Trustee Assessment explores the individuals understanding of their role as a Trustee along with discussing some general financial management questions, also looking at the individual’s ability problem-solve any potential difficulties they may encounter in their role as a Trustee.

Showing Financial Developments And Business Growth With A Growing Tree appearing form the top of coin stacks
Portrait Of Business Woman With Glasses Smiling

What Legal Framework is used to assess Mental Capacity to Act as a Trustee?

This assessment is completed using the Mental Capacity Act (2005) and The Code of Practice. An overview of the details of the Trust must be provided by your legal or financial representative to us, ahead of the appointment taking place.

Occasionally we are also approached to complete a COP3 mental capacity assessment to remove a Trustee from their role via an application to the Court of Protection, in cases where it is believed the individual no longer has the mental capacity to fulfil their role as Trustee. Please do get in touch if you would like to discuss a bespoke request for a mental capacity assessment as part of an application to the Court of Protection to remove a Trustee.

Relaxed Appointments

Our Independent Social Workers are highly skilled Mental Capacity Assessors, and use a friendly, conversational approach to ensure that the individual being assessed is placed at ease and feels comfortable and relaxed for the duration of the appointment.

Quick Appointment Availability using Secure Video Assessment

At Thornton & Lee we offer appointments 7 days a week, and so can be sure to find an appointment day and time to suit you. We also offer our Capacity to Act as a Trustee assessment over Secure Video assessment in most instances, so long as there are no significant hearing or sight difficulties in the individual to be assessed. Our Court standard robust Capacity to Act as a Trustee reports are returned within 7 days of the assessment taking place.

Please complete the enquiry form below. We will be in touch within 24 hours.
Court of Protection logo

Form COP3: Your questions answered

By Rebecca Thornton | 18 March 2024

What is a COP3  COP3 is a specialist assessment of capacity form used by the Court of Protection. Used to establish if a person has the mental capacity to make a specific decision. The Court of Protection only makes decisions in the best interests of those who have been assessed as lacking the mental capacity…