GUIDES
An LPA assessment considers whether the donor can make the particular LPA with support at the relevant time. It may assist a solicitor or family where there is genuine doubt, but does not replace the certificate provider, execution or registration requirements.
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
GOV.UK, Make, register or end a lasting power of attorney. Available at: https://www.gov.uk/power-of-attorney
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An LPA assessment considers whether the donor can make the particular LPA with support at the relevant time. It may assist a solicitor or family where there is genuine doubt, but does not replace the certificate provider, execution or registration requirements. This guide covers the relevant evidence, support, process and limits in England and Wales.
An LPA assessment considers whether the donor can make the particular LPA with support at the relevant time. It may assist a solicitor or family where there is genuine doubt, but does not replace the certificate provider, execution or registration requirements. The donor’s own wishes and understanding remain central whoever commissions the work. Lack of capacity for finances or care does not automatically settle capacity to make the LPA.
Solicitors and families may ask for capacity evidence for different reasons, but the opinion must remain focused on the donor and the actual LPA. Identify the authority proposed, the relevant time, any concern and the support needed. The commissioning person’s reassurance is not the legal test.
A decision-specific opinion may assist the solicitor’s enquiries and provide evidence alongside their attendance notes. It should explain the proposed LPA, the donor’s supported responses, any impairment and causal findings and the limitations. It does not relieve the solicitor or certificate provider of their own responsibilities.
Give the donor a private opportunity to express their wishes, with communication support where appropriate. Record concerns about pressure separately and identify who provided information. A report cannot conclusively prove that no influence occurred or protect a relative from every later allegation.
A separate paid assessment is not required for every LPA. It may help where there is genuine uncertainty, fluctuation or conflicting evidence. The certificate provider has a distinct statutory role and must be satisfied about understanding, freedom from pressure or fraud and absence of other barriers; a report does not replace that judgement.
Either audience can instruct directly. Solicitors typically define the instrument, enclose the draft and the relevant background and coordinate timing with execution; families typically describe the situation, the diagnosis and the worry, and the assessor shapes the formal instruction from there. In both routes the essentials are the same: the decision named, the context disclosed including any family tension, the records enclosed and the donor's communication needs and best times identified before the visit.
Explain the LPA accessibly and at a pace the donor can manage. Explore its purpose, the chosen attorneys and their powers, relevant consequences and the donor’s own wishes. Provide privacy and support, with breaks or further meetings where needed. There is no fixed appointment length that suits every donor.
Coordinate any assessment with the relevant decision and execution requirements. An opinion from an earlier date is evidence about that date, not a direction to sign or a guarantee of later capacity. Consider further enquiry if the terms or donor’s circumstances materially change.
If the donor can make the LPA, the separate certificate, signing and registration requirements still apply. If they cannot, consider whether recovery or support may help; nobody can make the LPA for them. Seek advice on existing powers, one-off decisions or deputyship if required, with separate capacity questions assessed as necessary.
Use an LPA assessment where it answers a real uncertainty. Keep the donor’s supported decision, capacity evidence, certificate provider and legal formalities distinct, and avoid treating deputyship as an automatic consequence of one negative opinion.
No. A diagnosis does not establish lack of capacity. For a decision under the Mental Capacity Act, consider the relevant information and practicable support, then assess understanding, retention, use or weighing and communication by any means. Any inability must be caused by an impairment of, or disturbance in the functioning of, the mind or brain. Will-making has its own legal test.
Useful evidence will depend on the facts, but it commonly includes draft or registered LPA documents, OPG correspondence, solicitor notes, family background, medical records and information about any concerns regarding pressure, coercion or fluctuating capacity. The assessor should record which documents were reviewed and separate direct observations from information supplied by others.
Discuss planning and assessment where there is genuine concern about a particular LPA, rather than assume any diagnosis requires a report or a race to sign. Capacity can differ between decisions and over time; a report cannot prevent every objection to validity or registration.
The related guides below provide further explanation of the decisions, evidence and legal processes discussed here.
Confirm the proposed LPA and the donor’s support needs with the solicitor or certificate provider. Obtain a specialist assessment where needed, coordinate it with execution and check registration requirements through the official LPA guidance.
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