Capacity to enter into Lasting Power of Attorney

A Lasting Power of Attorney (LPA) is a legal document that allows an individual (the Donor) to choose trusted people (Attorneys) to make Property and Financial or Health and Welfare decisions on behalf of that individual. For example; an Attorney who holds LPA for Property and Financial affairs, could access the bank account and pay bills on the individuals behalf. An Attorney who holds Health and Welfare LPA could make a decision to organise Carers on behalf of the individual.

You can choose to have one or multiple people acting as Attorneys for you. You can choose to set up an LPA for Property and Finance or Health and Welfare separately or in conjunction. You can also choose different Attorneys to be appointed for each LPA, or the same Attorneys for both LPA's.

An LPA is mainly utilised when the individual lacks the Mental Capacity to understand and make decisions for themselves. However, the individual may choose for the Attorney(s) to act on their behalf once the LPA is registered (for decisions relating to Property and Finance only).

In contrast to a Deputyship, for an LPA, the individual must have Mental Capacity to make an LPA at the time it is drawn up. Mental Capacity is the ability to make specific decisions at the time in which it needs to be made. The assessment of capacity to make an LPA is assessed using the Mental Capacity Act (2005) and The Code of Practice.

In order to be able to set up a Lasting Power of Attorney the following must be considered:

The individual must understand what an LPA is

Why they wish to make an LPA

Who they are appointing as an attorney and why they have chosen that individual

What is the nature and scope they are giving to their attorneys

What Does the Assessment Involve?

Most of our assessments take around an hour to complete. This does depend on each individual situation and any further specialist needs that may arise. Our Independent Social Workers will work closely with your legal representative to complete any prior documentation, ensuring a seamless and stress free experience. Our comprehensive and Court standard report will be ready and returned within 7 days of the assessment appointment.

Video Assessments Completed from the Comfort of Your Own Home

We understand that logistics can often get in the way in busy times, so we can conduct assessments over a secure video platform. Video assessments are recognised and accepted by the Office of The Public Guardian, and considered a robust method of assessment. If you require a face to face appointment, please contact us directly, where a friendly member of our team will be happy to assist.

Does the Proposed Attorney Need to Be in Attendance?

The proposed Attorney is not permitted to attend the assessment appointment, it's important that that individual is free to express their wishes, and that no undue pressure has been placed upon them.

We’re People People

Our registered Social Workers are experienced Mental Capacity Assessors and understand the importance of care and respect. Throughout the assessment process, the individual's comfort is at the forefront of our service delivery. Our aim is to provide the best possible experience for clients, providing a holistic and empowering experience.

To ensure you receive the appropriate assessment for your needs, we suggest you also seek professional advice from a Solicitor or Estate Planner.

If you’d like to get in touch, please call us on 0333 772 9315 or use the contact form to request a call back. We can also be of service if you are looking for a certificate provider for Lasting Power of Attorney.

Please complete the enquiry form below. We will be in touch within 24 hours.