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Assessing 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 MoreKey Legal Terms related to Mental Capacity
At Thornton & Lee we take pride in how our Mental Capacity Assessors can break down legal terms into jargon free and accessible language during the assessment process, to make sure that the person being assessed has the best opportunity of understanding, retaining, and weighing up the relevant information during their mental capacity assessment. However,…
Read MoreTestamentary Capacity Assessment Questions and Answers
Firstly, let’s get the legal jargon out of the way so you understand the important legal terms that might be mentioned by your Solicitor when supporting you to draw up a new Will, or by our assessor during your testamentary capacity assessment. But don’t worry, our assessors are skilled at explaining these legal terms in…
Read MoreUnderstanding the Power of Attorney Act 2023: Key Changes
The Power of Attorney Act 2023, introduced by Stephen Metcalfe MP and supported by the government, marks a significant step towards modernising the way Lasting Powers of Attorney (LPAs) are made and managed in the UK. Here we have included a breakdown of what this new legislation entails and some of the key changes it…
Read MoreForm COP3: Your questions answered
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…
Read MoreWhen is an Individual being Deprived of their Liberty – Guidance for Legal Professional’s seeking an Order from Court of Protection to Sell a Property
What is a Deprivation of Liberty Safeguard? Usually, a Deprivation of Liberty Safeguard (DoLS) application would be made for an individual who has been assessed as, or assumed not to have the mental capacity to understand their health and social care needs, who may be at risk from harm should they leave the current place…
Read MoreDr Gregory Lecturer of Social Work at the UEA discusses Why Values Matter in Social Work
Social work is an inherently value-based profession, but in practice we often spend relatively little time reflecting on what is important to us as social workers and as human beings. Student social workers are regularly encouraged to think about their own values and where they come from by their lecturers and practice educators, however once…
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