Capacity to enter into Lasting Power of Attorney

Our Mental Capacity assessment to enter into Lasting Powers of Attorney is undertaken by our expert Mental Capacity Assessors and ensures that the individual entering into the new Lasting Power of Attorney understands the nature and scope that they are giving to their chosen attorney, and that their decision to enter into Lasting Powers of Attorney has been made by their own free will and not due to the undue pressure of others. Our professional opinion is recorded in a comprehensive Court standard report.
Case Studies

I am very grateful for your help and especially for the manner in which it has been provided which I have found to be both completely professional and done with great empathy and understanding which has been invaluable to me and my family at what has been an incredibly difficult time for us.
Mr F, Essex

I contacted Thornton & Lee as I needed help to decide whether to apply for LPA or apply for a Deputyship for a relative. Solicitor fees are out of my budget so I would be applying myself. I used their LPA assessment service, which I would recommend to anyone feeling a bit stuck and unsure what route to go down!

The Assessor was very supportive from the start and she made sure she had a good understanding of my family's situation before the home visit. During the home visit, the Assessor was very kind and reassuring to my relative and was also very considerate of how she was feeling during the assessment. The service includes the completion of the COP3 document (if required) which was completed very quickly and very detailed. Thornton & Lee were great to deal with, answered all my questions promptly (and I asked a lot) and had clear pricing with no hidden extras. Would recommend to anyone in a similar situation to myself.

Miss R, Gillingham

From the first email to the final report I found the Assessor was an excellent communicator and went out of her way to make the process of carrying out a Mental Capacity Assessment for my 90 year old Father straightforward and convenient. The Assessor offered an appointment date and time that was best for my Father and acted with utmost professionalism at all times. Of great importance was also the high level of kindness and patience shown especially whilst the technology of a video call was set up, which was reassuring for my Father. The report turnaround time was very efficient and the quality of the reports was exemplary, with details accurately recorded. My Father would also like to convey his thanks for the Assessor's kindness during the assessment and for making him feel at ease, which allowed him to express himself in a comfortable environment.
Mr W, Surrey

This was a seamless transaction from beginning to end. What particularly impressed me was that I was regularly kept updated when, unfortunately, our client was admitted to hospital and the assessment could not take place on the original planned date. The assessment was, however, conducted immediately after when our client was discharged from hospital. The report was issued in a very timely manner and was very comprehensive. I could not fault the service or suggest areas for improvement. You also offer video and face-to-face assessments, which is a crucial factor in the current climate. Fees and timelines were very clear and comprehensive.
Wealth Preservation Team, Greenwoods GRM, Cambridge

What is a 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 individual's behalf. An Attorney who holds a Health and Welfare LPA could decide to organise Carers on behalf of the individual.

Adult Caucasian Young Son Supporting And Hugging Embracing His Old Man
Happy Daughter And Granddaughter Kid Posing With Mom And Grandma

Can You Have Multiple Attorneys?

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 LPAs.

An LPA can not be used until after it has been signed by all parties and registered with the Office of the Public Guardian. After which, the 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).

Does the Individual need to have Mental Capacity to Enter into new Lasting Powers of Attorney?

In contrast to a Deputyship, for an LPA, the individual must have the 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 at which they need to be made. The assessment of capacity to make an LPA is assessed using the Mental Capacity Act (2005) and The Code of Practice.

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 happens if the Mental Capacity Assessor thinks the individual does not have the required Mental Capacity?

All our assessments are undertaken using a personalised and supportive approach tailored specifically for that individual. Occasionally our experienced Mental Capacity Assessors conclude Mental Capacity in a situation where another professional has already decided they lack mental capacity, for example by ensuring the correct communication methods are used with individuals who have additional communication needs. However, sometimes despite our supportive approach, we have to conclude that they do not have the necessary Mental Capacity to enter into a new Lasting Power of Attorney.  At Thornton & Lee, we hate paying for things twice, which is why we can offer a COP3 assessment for your Deputyship application to the Court of Protection at no additional cost for individuals who we find to lack the mental capacity to enter into a Lasting Power of Attorney.

What Does the Assessment Involve?

Most of our POA capacity assessments take around an hour to complete. This does depend on each situation and any further specialist needs that may arise. Our Independent Social Workers will work closely with your family and/or 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.

Assessments Completed in the Comfort of Your Own Home

We understand that logistics can often get in the way in busy times, so in addition to completing face-to-face assessments, we can also conduct assessments over a secure video platform for lasting power of attorney online. 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, and 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 kindness and respect. Throughout the assessment process, the individual's comfort is at the forefront of our service delivery. We aim to provide the best possible experience for everyone we work with, 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 when drawing up Lasting Powers of Attorney, although we do accept referrals directly from members of the public.

If you’d like to get in touch, please call us on 0333 772 9315 or use the contact form to request a callback. 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.