Capacity for
Lasting Power of Attorney

Mental Capacity Assessment for Lasting Power of Attorney

What is a Lasting Power of Attorney (LPA) Assessment?

A LPA Capacity Assessment is completed to assess a person’s capability to appoint and complete LPA paperwork which enables them to appoint an individual or individuals to help or make decisions on their behalf. These decisions are either for property and financial affairs or for health and welfare decisions.

What is included in the LPA assessment?

Our LPA Assessments include all necessary preparatory work and organising the technical side of a remote assessment via video link, a Lasting Power of Attorney assessment, reading time, summary report and provision of a certificate (assuming the client has capacity). Whilst our Assessors would normally be able to act as a witness, at present the law does not permit us to act as a witness via video link. 

If the LPA documents are not present at the time of the assessment we will produce a summary report for your use. As
capacity is time specific we would need to arrange another assessment if we are asked to complete the paperwork at a later date. There would be a small charge for this re-visit.

What case law do you use?

The assessment is covered by the Mental Capacity Act (2005) and the two-stage test.

What information do you need from me?

We need the pre-prepared LPA documents if possible, the name of any proposed attorneys, the type of LPAs being created, details of property and financial affairs or relevant health and welfare information.

Contact us and we will provide a copy of our bespoke referral form which helps lay out what information we need from you.

What happens in the assessment?

The assessment will take place virtually through the use of either a smartphone, tablet, laptop or computer with webcam. This can take place in the client’s home or at a location where they feel comfortable. Our person-centred assessments take the form of detailed conversations and open questions based on the LPAs. If the LPA documentation has been provided, the Assessor will take the client through the form and its various elements, ensuring the appropriate communication methods are used.

The assessment will take approximately one hour.

Why is an LPA assessment necessary?

LPA documents allow a person to appoint an attorney/s to assist or make decisions on their behalf. Often the issue of an LPA is not discussed until there is a concern regarding a person’s capacity and it is thought that they may benefit from assistance in these areas. A Capacity Assessment is often required to ensure the client is capable of making these decisions and is not under any duress.

The accompanying summary report we provide can also prove to be a valuable aid if the LPAs are contested at any point.

What happens if the client lacks capacity?

If a person is deemed to lack capacity the Assessor will continue the assessment so that they are equipped with enough evidence to complete part B of a CoP3 form, if it is required. The CoP3 form can then be used to apply to the Court of Protection to appoint a deputy.

To discuss arranging an LPA Capacity Assessment, please contact us for further details.