Entering into an LPA allows an individual (the donor) to effectively plan ahead for their future should they come to a point in time where their mental capacity declines. Crucially, choosing individuals they trust (attorneys) to make decisions on their behalf in the event that there comes a time they can no longer make these decisions for themselves.

Legally, the person entering into the LPA must have mental capacity to do so at the time the document is drawn up and signed.

There are many reasons why a person’s mental capacity to enter into an LPA might be questioned; some of these reasons include a learning disability, a profound mental health condition, a brain injury, or suspected/diagnosed dementia.

Here are some of the most commonly asked questions about mental capacity to enter into an LPA, and why Thornton & Lee might have been recommended by your solicitor to complete your LPA mental capacity assessment.

What is mental capacity?

Mental capacity is an individual person’s ability to make a specific decision at the point in time the decision is required.

Under the Mental Capacity Act (2005), the person must be able to:

• Understand the information relevant to the decision
• Retain that information long enough to make the decision
• Use or weigh the information as part of the decision-making process
• Communicate their decision

Mental capacity is time and date specific, and decision specific. It is possible for a person to have mental capacity for some decisions within their life, whilst also lacking mental capacity to make other decisions in their life.

What is a Lasting Power of Attorney (LPA)? 

An LPA is a legal document that allows the person (the donor) to choose trusted persons (attorneys) to make decisions on their behalf if they lose the mental capacity to be able to make these decisions for themselves.

There are two types of LPA:

Property and Financial Affairs LPA

This gives attorneys the power to make decisions including:

• Bank accounts
• Paying bills
• Selling or managing property
• Investments and pensions

Health and Welfare LPA

This gives attorneys the power to make decisions including:

• Medical treatment
• Care arrangements
• Living arrangements
• Life-sustaining treatment decisions

Both types of LPA must be signed by the donor whilst they still have mental capacity, signed by the attorneys, and then the document is formally registered with the Office of the Public Guardian before the powers contained within the LPA may be used by the attorneys.

The person entering into the LPA (the donor) can choose whether the attorneys nominated under a property and financial affairs LPA can begin using their powers as soon as the document has been registered with the Office of the Public Guardian, or only if they lose mental capacity in the future.

Whereas the attorneys nominated under a health and welfare LPA may only begin using their powers to make decisions about personal welfare once the donor has lost mental capacity to be able to make these decisions for themselves.

Does someone need mental capacity to make an LPA?

Yes, under the law in England and Wales, any person entering into an LPA must have mental capacity at the time the document is drawn up and signed.

If concerns are raised as to whether the individual had mental capacity at the time the document was drawn up, this is a serious issue and will be investigated by the Office of the Public Guardian.

Should the Office of the Public Guardian suspect that the person did not have mental capacity at the time the LPA document was executed, the LPA will be discarded as invalid, and the Court of Protection might need to make a decision about a deputy being appointed instead.

The person entering into the LPA must understand:

• What a Lasting Power of Attorney is
• Why they wish to enter into an LPA
• Who they have chosen to act as attorney and why
• The nature and scope of authority they are giving to their chosen attorneys
• The potential consequences of granting this authority

Who can assess mental capacity for a Lasting Power of Attorney?

Where no concerns are present regarding the person entering into an LPA, solicitors are often very happy to sign as the Certificate Provider within the LPA.

An LPA Certificate Provider confirms that:

• The person understands the LPA
• The person is not under any pressure or undue influence to enter into the LPA
• There is no other reason the LPA should not be created

When a solicitor has concerns that a person may not readily understand the terms which they are entering into by executing an LPA, they will approach an independent provider of mental capacity assessments for LPAs, such as Thornton & Lee.

When do solicitors request a mental capacity assessment for an LPA?

At Thornton & Lee, we see a wide range of reasons why a solicitor might approach us to complete an independent mental capacity assessment as to the person’s capacity to enter into the LPA. Some of these reasons might include:

• The person has a learning disability, a brain injury, a history of a stroke, dementia, or observed difficulties with understanding or memory.
• There are difficult family dynamics or family disputes.
• There are suspicions that the person might be unduly influenced or coerced into entering into the LPA.
• The person has communication difficulties, such as being non-verbal or requiring specialist communication aids.

Instructing Thornton & Lee to complete an LPA mental capacity assessment and provide a Court-standard robust report can help protect the validity of the LPA from future scrutiny or criticism.

Can someone with dementia still make an LPA?

Yes, however, an assessment of mental capacity to enter into an LPA must be completed with the person; this is based on their functional ability to understand, retain, use and weigh, and communicate back the relevant information regarding entering into the LPA.

Depending on the progression of the dementia and how it is impacting upon a person’s comprehension and memory, it is still possible that they may be able to enter into an LPA following an LPA mental capacity assessment with Thornton & Lee.

However, as dementia is a progressive condition, time is of the essence. It is very important that an LPA is considered. If the person agrees that this is something that they would like to set up to safeguard decision-making in their future, the earlier a mental capacity assessment appointment can be completed and the document drawn up and signed, the more this maximises the opportunity of the person being able to legally enter into the LPA with mental capacity.

If you are unsure if the person might still have mental capacity for an LPA, or if the person’s understanding and memory might have now deteriorated to the point that they can no longer legally enter into an LPA, fill out our contact form, and a friendly and professional member of the team will be in touch with you to discuss your needs with a free, no-obligation discussion of what your options might be.

What happens if the person is assessed as not having mental capacity to enter into an LPA?

At Thornton & Lee, we pride ourselves on being ethical in our approach to mental capacity assessments. If you decide to proceed with an LPA mental capacity assessment with us, and upon discussing the circumstances with you, we suspect that mental capacity to enter into an LPA may have already been lost, we will discuss with you alternative plans which would likely include you making an application to the Court of Protection to become a Deputy. 

A Court of Protection ordered Personal Welfare Deputy has legal authority to make decisions regarding a person’s health and social care needs if the person does not have mental capacity to make these decisions for themselves.

Whereas a Property and Financial affairs Court of Protection ordered Deputy has legal authority to make decisions regarding property and financial affairs for a person who does not have the mental capacity to make these decisions for themselves.

If it is unclear before the assessment whether the person may still have mental capacity to enter into an LPA, or whether they might have lost mental capacity to enter into the LPA, we will discuss this with you and the assessor preparing to complete an LPA mental capacity assessment.

If it becomes clear, despite our best efforts during the assessment, that the person does not have mental capacity for the LPA, we will then default to instead completing an assessment that you can use in an application to the Court of Protection to become a deputy instead.

There is no additional charge for this approach; you would pay the fee for an LPA assessment, and we would provide you with the specialist COP3 for mental capacity assessment for a deputyship application, in lieu of a negative LPA report.

How long does an LPA mental capacity assessment take to complete?

An LPA mental capacity assessment will explore whether the person understands and can retain and weigh up before communicating back:

• What a Lasting Power of Attorney is
• The powers they are giving to their attorney
• The consequences of granting those powers
• When the LPA might be used

The assessor will apply the two-stage test of capacity set out in the Mental Capacity Act (2005). This involves determining whether the person is unable to make the specific decision as the direct result of an impairment or disturbance of the mind or brain.

LPA mental capacity assessments generally take approximately one hour to complete. However, this can vary depending on the person being assessed, their communication style and preferences.

If two LPA mental capacity assessments are being completed; a Health and Welfare LPA assessment and also a Property and Financial Affairs LPA assessment, the appointment will take slightly longer.

At Thornton & Lee, we are skilled at putting those we are working with at ease and ensure that questions are targeted to be the least restrictive as possible, whilst also obtaining Court-standard evidence to ensure a defensible report is provided.

When should someone make an LPA?

At Thornton & Lee, we strongly recommend that all working-age adults consider entering into an LPA, due to the assurances it gives that person that those they trust will be able to act in their best interest should they lose mental capacity in the future.

However, of course, a significant change in circumstances or health can also be the catalyst to entering into an LPA.

Reasons that entering into an LPA might be considered include:

• When planning their estate
• Following retirement
• After receiving a medical diagnosis
• When supporting ageing parents

Early planning regarding entering into an LPA is key to avoid unnecessary delays down the line, legal complications, or increased fees such as when having to apply to the Court of Protection in the absence of a valid LPA.

How Thornton & Lee can help

Thornton & Lee provides mental capacity assessments for Lasting Powers of Attorney completed by experienced and professional mental capacity assessors, completed to a high Court standard, with prompt appointment availability throughout England and Wales, and quick report turnaround time.

Our LPA assessments support:

• Solicitors preparing LPAs for their clients
• Families supporting vulnerable relatives
• Individuals making pro-active plans for their future needs 

Complete our contact form here today, and a friendly and professional member of our team will be in touch to discuss your needs for assessment and offer you a no-obligation personalised quote.

The post Mental Capacity to Make a Lasting Power of Attorney (LPA): Frequently Asked Questions appeared first on Thornton & Lee.

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 to start this blog by being explicitly clear that executing LPAs, whether for health and welfare decisions or property and financial affairs, can be one of the most important legal steps you take. LPAs allow your attorneys to make decisions on your behalf if you lose mental capacity in the future.

For individuals with progressive neurological conditions, such as dementia, appointing trusted attorneys helps ensure your wishes are respected and your interests protected. LPAs can also reduce the stress, delay, and expense associated with Court of Protection applications that may otherwise be required if mental capacity is lost without a valid LPA in place.

What is the Office of the Public Guardian?

The Office of the Public Guardian (OPG) is a government body operating under the Mental Capacity Act (2005). It supports and supervises people who act on behalf of individuals who lack mental capacity.

Some of the OPG’s functions include:

• Registering Enduring Powers of Attorney (EPAs) and Lasting Powers of Attorney (LPAs)
• Supervising deputies appointed by the Court of Protection
• Investigating concerns or complaints about attorneys or deputies
• Applying to the Court of Protection where action is required to protect a person who lacks capacity

It is important to note that the OPG does not carry out frontline safeguarding in the same way as local authorities. Its role is not to mediate disputes, but to investigate concerns raised and, where necessary, escalate matters to the Court of Protection.

What is the difference between the Office of the Public Guardian and the Court of Protection?

Whilst the OPG and the Court of Protection both exist to protect and support people who lack, or may lack, mental capacity, they are two distinct public bodies in England and Wales. Although they work closely together, their roles are fundamentally different.

The Court of Protection makes judicial decisions and declarations, which can include:

• Determining whether a person lacks the mental capacity to make a specific decision
• Deciding what is in the best interests of a person who lacks capacity
• Making one-off orders, for example, authorising or refusing serious medical treatment or significant financial decisions
• Appointing deputies to make ongoing decisions on behalf of a person who lacks mental capacity, most commonly for property and financial affairs, and occasionally for health and welfare
• Resolving disputes between attorneys, challenges to existing LPAs, applications for statutory wills, and authorising deprivation of liberty

By contrast, the OPG focuses on administration, registration, and supervision. Fundamentally, the OPG acts as an oversight and supervisory body to ensure that those exercising legal powers on behalf of vulnerable people are acting lawfully.

Why do Lasting Powers of Attorney go wrong?

LPAs can go wrong for a variety of reasons, including:

• Allegations of theft, financial exploitation, or misuse of funds (financial abuse)
• Attorneys acting outside their legal authority
• Challenging family dynamics or disputes between attorneys
• Concerns that the donor’s best interests are not being upheld
• Allegations that the donor lacked the required mental capacity at the time the LPA was executed

Mental Capacity Assessments and the Office of the Public Guardian

During an OPG investigation or a Court of Protection application, mental capacity assessments are often central. An assessment may be required to determine:

• Whether the person currently has the capacity to make a specific decision
• Whether the donor had capacity at the time the LPA was executed

As independent mental capacity assessors, Thornton & Lee are frequently instructed by solicitors making applications to the Court of Protection. We specialise in mental capacity assessments completed using the Court of Protection’s COP3 form.

Further information about instructing us to complete a COP3 for the Court of Protection can be found here.

When are panel deputies used?

Following an OPG investigation and the removal of an attorney by the Court of Protection, where there is no suitable family member or professional available, the Court of Protection may appoint a panel deputy.

Panel deputies are experienced professionals approved by the Court to act in complex or high-risk cases.

Paige Gouldthorpe, Head of Foster’s Court of Protection and Vulnerable Persons Team, who are approved panel deputies in Norfolk, describes the role of a panel deputy as;

“The appointment of a panel deputy represents a legal and moral responsibility. It arises at a moment when an individual, through illness, injury, or cognitive decline, has lost the ability to manage their own affairs and no trusted family member or friend is able to step into that role. In such circumstances, the Court of Protection turns to a panel deputy as a safeguard of last resort, ensuring that vulnerability is met not with neglect, but with structured care and legal protection.

A panel deputy is more than an administrator of finances. They are a court-appointed guardian of dignity, stability, and security. Acting under the authority of the Mental Capacity Act 2005, the deputy must navigate complex financial, legal, and human considerations, always guided by a single overriding principle: the best interests of the protected party. Every decision carries weight, because behind each account, asset, or liability stands a person whose independence has been compromised, but whose rights remain intact.

The deputy’s role demands vigilance and compassion in equal measure. They are responsible for preserving assets accumulated over a lifetime, ensuring that bills are paid, care is funded, and future needs are anticipated. Yet these tasks are never merely transactional. They are acts of stewardship, intended to provide continuity, reassurance, and protection at a time of profound personal vulnerability.

Panel deputies operate under constant scrutiny by the Court of Protection and the Office of the Public Guardian. This oversight is deliberate and necessary, reflecting the seriousness of the powers entrusted to them. Where decisions carry significant emotional, ethical, or financial consequences, the deputy may return to the court for guidance.”

Where can I get help if I’m concerned about an LPA or an attorney?

• If you are concerned that an attorney may be stealing or financially exploiting a donor, or if you are a donor concerned that your attorney may be financially abusing you, it is sensible to contact the police, as theft and financial abuse are criminal offences.
• If you are a donor concerned about disputes or difficult dynamics between your attorneys, you may wish to instruct a solicitor to discuss revoking the existing LPA and executing a new one, potentially including a professional attorney to reduce conflict.
• If you have concerns that an attorney is not acting in the best interests of a donor who may have lost mental capacity, you may wish to report your concerns to the Office of the Public Guardian, who can consider whether an investigation is required.
• If you believe an attorney may be acting in an abusive or neglectful manner towards a donor with care and support needs, local authorities have a duty under section 42 of the Care Act 2014 to undertake safeguarding enquiries. In such circumstances, you may wish to report your concerns to the relevant local authority.

How can Thornton & Lee help?

At Thornton & Lee, we provide independent, timely, and legally compliant mental capacity assessments, completed robustly and in accordance with the Mental Capacity Act (2005).

Our average lead time to complete a mental capacity assessment is less than seven days, and our friendly and professional team ensures that clients and their loved ones are supported and put at ease throughout both the booking process and the assessment itself.

If you require an expert mental capacity assessment or a specialist COP3 form for a Court of Protection application, please complete our contact form and a member of our team will be in touch promptly to discuss your needs.

The post 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  appeared first on Thornton & Lee.

This blog outlines the essential affairs to get in order, offering peace of mind for you and your loved ones.

Why It Is Important to Plan Now

Although there is no cure for dementia yet, some treatments, depending on the type of dementia, may help slow progression or manage symptoms. Nevertheless, dementia remains a progressive condition that increasingly impacts memory and cognition over time. It is highly likely that at some point you may lose the mental capacity to make key decisions about your health, welfare or finances.

Planning ahead and formalising your preferences helps ensure your wishes are respected wherever possible. Without firm plans regarding health, welfare or financial affairs, you may be at greater risk of crisis situations, family disagreement, or costly and complex court applications.

At Thornton & Lee, we are specialist providers of mental capacity assessments, and all our assessors have extensive experience supporting those with a dementia diagnosis through the assessment process.

Sorting Out Your Will

Making a will, or updating your current will, is one of the most important legal matters to consider after a new dementia diagnosis. You should ensure your will still reflects your wishes, that there have been no significant changes to your assets, marital status, children or dependants, and that you remain satisfied with your chosen executors, beneficiaries, and the division of your estate.

Can I Make a Will If I Have Dementia?

Yes. You can make a new will or change an existing one despite a dementia diagnosis, as long as you still have testamentary capacity. If your solicitor has any doubts, they might refer you to Thornton & Lee for a formal testamentary capacity assessment.

A dementia diagnosis does not automatically mean you lack testamentary capacity, but it can make your estate more vulnerable to legal challenge by individuals you have excluded from your will. For this reason, your solicitor may recommend a testamentary capacity assessment even if they have no concerns about your capacity. This ensures robust professional evidence is available via a testamentary mental capacity report, helping reduce the likelihood of a successful legal challenge to your estate after your death.

Set Up Lasting Powers of Attorney (LPAs)

In England and Wales, there are two main types of LPA:

• Property and Finance LPA – covers decisions about money and property, including banking, paying bills, and buying or selling property.
• Health and Welfare LPA – covers decisions about health, care, medical treatment, life-sustaining treatment (if you choose), where you live, and day-to-day care.

An LPA allows you, the donor, to choose trusted individuals (attorneys) to make decisions in your best interests should you lose the mental capacity to do so.

Only those with mental capacity can execute new LPAs. Once capacity is lost, the only option for someone else to manage your property and financial affairs is a Court of Protection application for a deputyship, which is more time-consuming and costly. Without a Health and Welfare LPA, decisions about your care and living arrangements, such as entering a care home, may fall to the local authority instead.

When choosing attorneys, it is vital to select individuals you trust to act in your best interests and uphold your wishes. You may wish to appoint two or more attorneys in case circumstances change for your appointed attorney. Some people choose professional attorneys, such as solicitors or financial advisors, if they don’t have a suitable family member or friend to act.  All LPAs must be registered with the Office of the Public Guardian before they can be used.

If you already have LPAs in place, review them after receiving a dementia diagnosis to ensure they still reflect your wishes and preferred attorneys. Once LPAs are executed, they should be periodically reviewed as circumstances evolve to ensure they still reflect your wishes and who you want to act.

If your memory has already been significantly affected, your solicitor may question whether you still have the capacity to execute new LPAs and whether a deputyship application may be more appropriate. At Thornton & Lee, we work with many individuals with progressed dementia who still hope to execute an LPA. Our LPA mental capacity assessment service includes completion of the COP3 form, the specialist assessment required for a deputyship application, at no extra charge if we cannot conclude you have capacity to execute a new LPA on the day, despite our very best efforts.

Having the Conversation: Your Wishes, Values and Future Care

It is essential to talk to your trusted people, such as your family, friends or attorneys, about your wishes. If you have executed LPAs, arrange a meeting with your attorneys and close family or friends to discuss:

• your preferences for future care
• your living arrangements
• medical treatments you would accept or decline
• views on life-sustaining treatment
• whether you wish to remain at home for as long as possible or would consider a care home

Making your wishes clear reduces the likelihood that they will be overlooked and helps avoid conflict or uncertainty among those trying to act in your best interests, once you have lost mental capacity.

It is also wise to write down your preferences regarding health, care or accommodation decisions. You could record a short video or audio statement about the things that matter to you, create a “living will”, or compose an advanced statement expressing how you wish to be treated.

If Capacity Is Already Lost: Deputyship and Help from Thornton & Lee

If your dementia has progressed to the point that you no longer have the capacity to make LPAs, an application to the Court of Protection will be required to appoint a deputy. This process is slower and more expensive than making LPAs, but it is essential to ensure someone has the legal authority to act in your best interests.

Without someone legally authorised to manage your property and financial affairs, your bank accounts could be frozen, bills may go unpaid, and if you need to move into a care home and fund this by selling your property, nobody would have the authority to sell it for you.

At Thornton & Lee, we undertake COP3 assessments daily. Our professional and skilled assessors are experts in understanding the Court of Protection’s requirements. All assessments are approached with the utmost kindness and respect.

Other Practical Matters to Review

You should also review:

• pensions
• insurance policies
• trusts and investments
• bank mandates and online banking access
• whether your attorneys know what is in place and how to access it

Consider advanced care planning and discussions with your GP or healthcare team about treatments you may wish to accept or decline in the future.

You may wish to contact your local authority to request a Care Act assessment to explore whether a care package could support you to stay safe and well at home for as long as possible. As your dementia progresses, you may be entitled to benefits such as Attendance Allowance, and any informal carers may also be entitled to Carer’s Allowance.

Being organised is key. Creating a folder in your home containing all important documents and contact details, such as your solicitor, GP, social worker and attorneys, can be invaluable for both your own independence and for those supporting you.

How Thornton & Lee Can Help

If you have a new dementia diagnosis and are considering executing a new will, revising your current will, or creating new LPAs, the friendly and professional team at Thornton & Lee can support you with any questions about mental capacity assessments.

To find the right mental capacity assessment option for your circumstances, please fill out our contact form here or call us today, and a member of our team will be in touch promptly to discuss your needs.

The post What Affairs to Get in Order After a Diagnosis of Dementia appeared first on Thornton & Lee.

Under an LPA, you can choose the person(s) you trust to know and respect your wishes, and to be able to make vital decisions on your behalf if you were to lose mental capacity in the future.

All new LPAs must be registered with the Office of the Public Guardian (OPG), who specify that only a person with LPA mental capacity to enter into an LPA may do so. This ensures the person fully understands what the LPA means. This is where LPA mental capacity assessments and the role of the Certificate Provider become of the utmost importance.

At Thornton & Lee, we are a team of registered and insured professionals who specialise in LPA mental capacity assessments and acting as LPA Certificate Providers. Our role is to make sure you have a full understanding of the LPA you are entering into, and to further rule out any undue pressure or influence from others. Our highly experienced assessment team are on hand to guide you through the process, ensuring the appointment runs smoothly and reducing unnecessary delays, helping you avoid the stress and cost of later court applications wherever possible.

What is a Lasting Power of Attorney?

An LPA is a legal document in which you can choose a person(s) you trust to make important decisions on your behalf if, at some point in the future, you are unable to make those decisions yourself.

There are two types of LPA:

1. Health and Welfare LPA. Covers decisions about care, medical treatment, or where you live. Your attorneys can only make decisions under this LPA if you lose mental capacity.
2. Property and Financial Affairs LPA. Allows your attorneys to manage your money, pay bills, access your bank account, or sell your home. You can decide whether attorneys can act immediately once the LPA is registered with the OPG (with your consent), or only if you later lose mental capacity.

Having an LPA in place gives you and your family peace of mind that, should the time come when you cannot make these decisions yourself, you have already chosen trusted attorneys to act in your best interests.

Choosing Your Attorneys

When choosing an attorney, it is important to pick someone you trust to uphold your wishes and act in your best interests.

• Many people appoint family members or long-term friends.
• Others may choose a professional, such as a solicitor, if they do not have someone suitable within their personal network.

What is an LPA Certificate Provider?

An LPA Certificate Provider is an independent person who signs the LPA document to confirm that:

• The person entering into the LPA is doing so voluntarily.
• They are not under any undue influence or coercion.
• They fully understand the LPA and the legal powers it grants.

This role is a key safeguard to ensure the LPA is valid and legally secure.

What is Mental Capacity in the Context of an LPA?

Under the Mental Capacity Act 2005, mental capacity is defined as the ability to make your own decision at the time it needs to be made.

It is important to note:

• Mental capacity is decision-specific – a person may be able to make some decisions but not others.
• Mental capacity can change over time.
• A person should be assessed at the point the decision needs to be made, and ideally when medically well and free from temporary factors such as illness or infection.

A person is considered to have capacity if they can:

1. Understand the information relevant to the decision.
2. Retain that information long enough to use it.
3. Weigh up the information to make the decision.
4. Communicate their decision (verbally, non-verbally, or using aids if required).

If a person cannot do one or more of these steps due to an impairment or disturbance in the mind or brain, then they lack mental capacity for that particular decision.

The OPG requires all persons entering into an LPA to have capacity and to make their decision freely. This ensures individuals are safeguarded, protected from exploitation, and that their wishes are respected.

What are the Risks of Not Having an LPA?

It is really important to consider making an LPA as early as possible. At Thornton & Lee, we see families who plan ahead, but also many who leave it too late.

If a person no longer has capacity, they cannot enter into an LPA. Families may then face:

• Problems accessing bank accounts to pay urgent bills without a property and financial LPA.
• Local authorities making care decisions, overriding family views, if no health and welfare LPA is in place.
• Time consuming and costly applications to the Court of Protection for a Deputyship Order.

Once capacity is lost, a Court of Protection Deputyship Order is the only option. This process can be far more expensive, stressful, and time-consuming than setting up an LPA while the person still has capacity.

At Thornton & Lee, we can usually book an LPA mental capacity assessment appointment within seven days, reducing the risk of delays and ensuring the new LPA is completed as soon as possible.

Do I Need an LPA Mental Capacity Assessment, a Certificate Provider, or a COP3 for Deputyship?

When you contact us, we will discuss your circumstances and recommend the most suitable option:

• LPA Certificate Provider Service – Confirms understanding and absence of undue influence. Best for those without significant memory or understanding problems. From £150.
• LPA Mental Capacity Assessment – Includes a comprehensive, court-standard report and our assessor acting as Certificate Provider (if capacity is confirmed). Recommended where there are complex situations, family disputes, or medical conditions affecting memory/understanding. From £495.
• COP3 Mental Capacity Assessment – If capacity has already been lost, we can complete a COP3 in support of a Court of Protection Deputyship Order application. From £395.

Thornton & Lee case studies 

• Ernest is 75 years old and sadly lost his wife two years ago, and so has moved out of the county to a new area for a fresh start. Ernest has a daughter who he is very close to, but she lives the other side of the county. Ernest has no significant health conditions, and is fully independent with all his activities of daily living. Ernest wants to enter into a new LPA, appointing his daughter as attorney, and plans to do the paperwork himself on his computer. However, being new to the area, he has not yet established himself and does not know anyone who can act as his Certificate Provider. Ernest requires Thornton & Lee’s LPA Certificate Provider service. 

• Sally is 81 years old and lives with her husband Michael. Sally was diagnosed with Alzheimer’s disease two years ago. Sally has a team of carers attending three times each day to support with personal care. Sally is sometimes very lucid and can tell others exactly what she wants. At other times, Sally is observed to be a little confused and is not always oriented to time, place, or person. Sally and Michael have a close relationship with their granddaughter Elizabeth, who lives nearby, and Elizabeth thinks it’s a good idea to set up new LPA’s for Sally. Sally requires Thornton & Lee’s LPA mental capacity service, which includes completion of a COP3 for a Deputyship application at no additional charge if, despite best efforts, the assessor cannot conclude Sally has LPA mental capacity. 

• Geoffrey is 61 years old and is living in a nursing home as a result of an acquired brain injury after he was involved in a motorcycle crash five years ago. Geoffrey requires all his care to be delivered in his bed, as he is no longer mobile following the accident. Geoffrey is able to communicate some choices with his care team, such as what jumper he would like to wear or whether he would prefer a hot or cold drink. Geoffrey recognises his sister Gemma and is always pleased to see her and recognises her as a familiar and trusted person. However, Geoffrey is constantly disoriented to time, place, and circumstances. The nurses have to predict and meet all of Geoffrey’s needs in his best interests, and he cannot reliably ask for help or make his needs known to others. Geoffrey requires Thornton & Lee’s COP3 mental capacity assessment service for a Deputyship application. 

Friendly and Professional Mental Capacity Assessors

At Thornton & Lee, we understand that entering into a new LPA is one of the most important steps you can take to safeguard your future. The validity of your LPA depends on having the right mental capacity assessment and Certificate Provider support at the right time.

Whether you are:

• Seeking reassurance about a loved one’s capacity,
• Facing family disputes, or
• Managing a new medical diagnosis that could affect mental capacity,

Please don’t wait until difficulties arise. Fill in one of our contact forms today, and a professional member of our team will be in touch to discuss your circumstances and the services that best suit your needs, giving you peace of mind and the protection required for your future.

The post Assessing Mental Capacity for Lasting Power of Attorney: What You Need to Know Before It’s Too Late appeared first on Thornton & Lee.

The role of a certificate provider 

The certificate provider is an individual acting as an impartial observer to ensure that you, the donor, understands the LPAs you are entering into with no concerns regarding your mental capacity or understanding of the powers. 

What does a certificate provider do?

The key purpose of a certificate provider is to safeguard the rights of you, the donor, ensuring you are entering into your LPAs free from any coercion, pressure, or undue influence. The certificate provider needs to be satisfied that you understand the documents you are signing and that the documents are valid with the key purpose of protecting your interests. 

Key responsibilities

The certificate provider’s key responsibilities include ensuring that you, the donor, understand the powers you are bestowing upon your chosen attorneys and the key function and purpose of the LPAs you are entering into. 

A key responsibility also lies in ensuring that you are not in any way being tricked, pressured, or placed under duress to enter into your LPAs or giving the powers to your attorneys unwillingly. 

Who can act as a certificate provider?

This can be someone you have known personally for two or more years.

Or

An individual with relevant professional skills and expertise as detailed below;

• A registered health professional, including your GP

• A registered social worker

• A lawyer

• An Independent Mental Capacity Advocate (IMCA)

Who cannot act as a certificate provider?

• An attorney or replacement attorney for the LPA
• An attorney or replacement attorney in any other LPA or Enduring Power of Attorney that you’ve already made
• A member of your or your attorney’s family, including extended family
• An unmarried partner of yours or any of your attorney’s
• Yours or any of your attorney’s business partners or employees
• Anyone employed within the care home you reside in, including the owner, manager and director
• Anyone running or working for a trust corporation appointed as an attorney in a property and financial affairs LPA

Who can be present during the certificate provider meeting?

You can choose to have someone present with you during the meeting. Sometimes, you may feel this is beneficial if, for example, you have communication difficulties such as to your speech or hearing. Or, you may simply wish to have someone familiar with you on the day. It is essential that any named attorneys, however, are not present during this process as doing so will invalidate the LPAs and the certificate provider would be unable to sign due to an inability to conclude that no undue influence/pressure was at play. 

What will I be asked during the process?

• As part of a general discussion, together we will explore the following points;

• The purpose of an LPA and an ability to understand the contents of your LPA

• The powers you are bestowing upon your attorney(s) and why you have chosen them / are they trustworthy and any qualities they possess for the role

• How you wish your attorneys to act

• When you wish your attorneys to act in regard to property and financial LPA

• That you understand when your attorneys can act in regard to your health and welfare LPA 

• Your legal rights and responsibilities 

• That you are not being pressured, tricked or placed under duress to make the LPAs

• Positives / any negatives / motivation to entering in to the proposed LPA 

• That you understand you can revoke your LPAs even when registered if you possess the mental capacity to do so at that juncture

• Whether you wish for the powers to be registered immediately or in the future

• That once signed by all parties, the LPA must be registered with The Office of the Public Guardian in order to be used. The health and welfare LPA can only be used if you have lost the mental capacity to deal with an issue yourself

We can also act as a witness and will cover the following points:

• Life sustaining treatment – health and welfare LPA

• Preferences / instructions outlined in your LPAs

• Witnessing attorney’s signatures

Will the certificate provider be completing a mental capacity assessment on me?

No, your chosen certificate provider must ensure that you understand the LPAs you are entering into, that you are free from any coercion or undue influence and that you are freely able to discuss in private your motivation for entering into the powers and that the decision as to whom your chosen attorneys are to be is yours and that you understand the powers you are bestowing upon them. The certificate provider must be certain that you, the donor, has the necessary capacity to enter into the LPAs before they can sign to certify that on the day it is their opinion that after all practical steps have been followed, they are satisfied you are able to enter into the LPAs freely and fully informed. 

Should there be any concerns in regard to your capacity and understanding or if you are seeking a ‘belt and braces’ approach to the LPAs then Thornton & Lee will discuss your needs and, if required, arrange a formal mental capacity assessment for you.

We understand that these processes can be daunting, but please be assured that at Thornton & Lee, we pride ourselves in putting you at ease and ensuring that the process is stress-free and comfortable. Our assessors are fully trained in the role of certificate provider, ensuring the process is relaxed, seamless and supportive. Should you wish to consider this service then get in touch today by completing our contact form here for your free no no-obligation quote, where our friendly team will be able to talk you through the process and answer any questions you might have. 

The post What is a Certificate Provider and why do we need one?  appeared first on Thornton & Lee.

Here we have included a breakdown of what this new legislation entails and some of the key changes it is going to introduce:

What is an LPA?

A Lasting Power of Attorney (LPA) is a legal document that allows an individual to appoint another person to make decisions on their behalf. This could be regarding financial affairs or health and well-being, in the event that they lose the mental capacity to make these decisions themselves.

Improving an Outdated System

The current process for creating an LPA is heavily paper-based, with some procedures dating back over 30 years. According to the government “every year, the Office of the Public Guardian handles more than 19 million pieces of paper as a result of their offline system”. 

Bringing the System Online

One of the most significant changes introduced by the Power of Attorney Act 2023 is the transition to an online system. This change aims to make the process quicker, more accessible and more secure for anyone creating and relying on LPAs.

The Office of the Public Guardian (OPG) is currently developing this new online system, which will undergo thorough testing before being made available to the public. This modernised system and move to a digital format is a critical step in making the process more efficient and environmentally friendly.

Enhancing Security and Fraud Prevention

The transition to an online system will also enhance security measures, including identity checks for applicants. These measures will ensure that only authorised individuals can create or manage an LPA, protecting vulnerable individuals from potential exploitations.

Benefits of Digitalisation

The time it takes to complete the process will be significantly reduced as fewer paper trails are needed. Any potential errors will be identified and corrected promptly and the online system will be designed to be user-friendly, making it easier for individuals to create and manage LPAs.

There will be support put in place for those who cannot access the internet, particularly for vulnerable adults who may struggle with digital formats. For these individuals, an improved paper process will remain available to ensure everyone has access to this service as it takes a step forward. 

In response to the rising number of LPA applications, the OPG has increased its staff to process current applications more efficiently. It is reported that “the teams are now registering around 19,000 more lasting powers of attorney a month than before the pandemic”.

The Act also introduces several other important changes. The group of people who can object has been widened, the objection process has been expedited and chartered legal executives are now permitted to certify copies of LPAs, increasing the flexibility and accessibility of the process.

Lasting Power of Attorney at Thornton & Lee

The changes introduced by the Power of Attorney Act 2023 are a response to the significant increase in LPA applications in recent years and aim to bring the LPA process into the 21st century. More announcements are yet to come, but the changes could benefit countless individuals and families across the UK. At Thornton & Lee, we are committed to ensuring that all our LPA mental capacity assessments are completed to the highest standard of robust Court standard assessment, whilst approaching all appointments in a friendly yet professional way to ensure you or your loved one are placed at ease.

At Thornton & Lee we are also able to offer (at no additional fee to you), completion of a COP3 mental capacity assessment if despite our best efforts we cannot establish mental capacity to enter into LPA’s at the appointment. A COP3 which is a specialist mental capacity assessment required by the Court of Protection to grant powers to support those who do not have the required mental capacity to enter into a LPA.

If you need assistance with a mental capacity assessment to create a new Lasting Power of Attorney, use our contact form to request a free consultation or call us at 0333 772 9315 . One of our experienced and friendly Mental Capacity Assessors will be in touch to provide the help and advice you need.

The post Understanding the Power of Attorney Act 2023: Key Changes  appeared first on Thornton & Lee.