# PA14 Property and Affairs Capacity Evidence | Nellie Supports

Source: https://www.nelliesupports.com/guides/pa14-evidence-where-property-and-affairs-capacity-is-in-question

Canonical: https://www.nelliesupports.com/guides/pa14-evidence-where-property-and-affairs-capacity-is-in-question

Written by: Ben Slater

Source review by: Kerry Slater

Source review recorded: 2026-07-19

# PA14 evidence where property and affairs capacity is in question

PA14 addresses capacity in the context of a grant of representation and estate administration. Assess that role with practicable support, consider any wider property and affairs question separately and use an eligible professional to complete the certificate.

## Author and Publication

Author: Nellie Supports Ltd

Publication Date: 15/05/2026

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## Citation

The Non-Contentious Probate Rules 1987, SI 1987/2024. Available at: [https://www.legislation.gov.uk/uksi/1987/2024/contents](https://www.legislation.gov.uk/uksi/1987/2024/contents)

## Copyright

Copyright © 2026 Nellie Supports Ltd. All rights reserved.

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This article is made available for general information, education and professional reference. It may be downloaded, printed and shared for non-commercial purposes, provided that it is reproduced in full, is not altered in any way, and is properly cited as the work of Nellie Supports Ltd. This material must not be edited, adapted, sold, republished, incorporated into commercial products, or used for commercial training, assessment, report-writing or advisory services without prior written permission from Nellie Supports Ltd.

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This article does not constitute legal advice, clinical advice or a substitute for a decision-specific professional assessment. Where legislation, government guidance, court forms or external professional materials are referred to, those materials remain subject to their own copyright, licensing and re-use terms.

## Abstract

PA14 addresses capacity in the context of a grant of representation and estate administration. Assess that role with practicable support, consider any wider property and affairs question separately and use an eligible professional to complete the certificate. This guide covers the relevant evidence, support, process and limits in England and Wales.

## What is on this page

- [Contact](https://www.nelliesupports.com/guides/pa14-evidence-where-property-and-affairs-capacity-is-in-question)

- [Overview](https://www.nelliesupports.com/guides/pa14-evidence-where-property-and-affairs-capacity-is-in-question)

- [Frequently Asked Questions](https://www.nelliesupports.com/guides/pa14-evidence-where-property-and-affairs-capacity-is-in-question)

- [Related Pages](https://www.nelliesupports.com/guides/pa14-evidence-where-property-and-affairs-capacity-is-in-question)

PA14 addresses capacity in the context of a grant of representation and estate administration. Assess that role with practicable support, consider any wider property and affairs question separately and use an eligible professional to complete the certificate. PA14 should not be treated as a general declaration that the person cannot make any financial decision.

## The double question these cases carry

The estate role and the person’s own financial decisions may both need attention. They are not the same question, and wider incapacity should not be inferred from difficulty administering another person’s estate. Define and assess each relevant decision separately.

## The estate role as a property and affairs decision

Administering an estate is property and affairs work at its more demanding end: assets gathered and valued, liabilities met, accounts kept, decisions taken and justified, with liability for error. The relevant information is the role's real content, and the assessment should test the person against it: what the role would require of them, what the estate broadly contains, what could go wrong and what their responsibilities to beneficiaries would be. A person may manage their own modest affairs whilst being unable to carry this heavier, representative burden.

## The evidence the certificate should rest upon

The certificate should rest on a supported, decision-relevant assessment, with evidence of any impairment or disturbance and the causal explanation for inability. A formal diagnosis is not always required. A fuller report may help where uncertainty or a process requires it, but it is not automatically a separate mandatory purchase.

## Practicable steps before the conclusion

The presumption of capacity and the duty to support apply here as everywhere. Before concluding the person cannot take the role, the assessment should test whether they could do so with proper support, professional administration under their instruction, simplified staging of decisions, assistance with paperwork, because a person who can direct an estate with support may retain the capacity the role requires. The report should show the support considered, since its absence is the first gap a challenge will find.

## Consistency across the wider paperwork

Check that statements across forms are accurate about their particular decision and time. Different conclusions can be consistent where the estate role and personal affairs differ. Explain those distinctions rather than require one global finding across every document.

## Where the finding leads: attorneys and deputies

Consider whether any actual inability in the person’s own affairs requires support or lawful representation. Check existing powers and probate entitlement before recommending deputyship. Neither PA14 nor one finding about estate administration automatically requires taking over the person’s finances.

## Fluctuation, recovery and the fair timing of the question

Acute illness, delirium or other changes may temporarily affect abilities; bereavement alone does not establish an impairment or lack of capacity. Consider support, evidence of recovery and whether the decision can wait. Seek advice on the probate consequences of change rather than assume a certificate gives permanent status.

## Practical sequence for solicitors and families

Define the estate role, support and evidence needed, identify a suitable eligible author and confirm the probate route. Assess wider financial matters separately only if relevant. HMCTS lists eight eligible categories for PA14: registered medical practitioner, registered psychiatrist, registered approved mental health professional, registered social worker, registered psychologist, state registered nurse, state registered mental nurse and registered occupational therapist. Eligibility for this form does not establish competence for every case or authority to sign other certificates.

## Key takeaway

A useful PA14 assessment addresses the role and current evidence with support and clear reasoning. Keep any wider financial-capacity conclusion within its own scope and obtain legal advice about probate entitlement and authority to act.

## Frequently asked questions

### Does a diagnosis automatically mean someone lacks capacity?

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.

### What evidence is useful for PA14 Probate Mental Capacity Assessment?

Provide the estate role, relevant documents, evidence of decision-making and support and health information relevant to any impairment. Complete the certificate through an eligible professional. Other questions about personal finances may need separate evidence.

### When is a formal assessment for PA14 Probate Mental Capacity Assessment useful?

Further evidence may be appropriate where the estate role raises genuine uncertainty, conflicting accounts or fluctuation. The value of the estate alone does not establish incapacity. Capacity for one decision does not settle capacity for other property and affairs decisions.

## Related mental capacity assessment pages

The related guides below provide further explanation of the decisions, evidence and legal processes discussed here.

### PA14 Probate Mental Capacity Assessment

### What is a PA14 probate mental capacity assessment?

### Who can complete a PA14 medical certificate?

### Read guide

## Practical next steps

Supply the estate role, relevant records, examples of decision-making and support information. Check PA14 eligibility and probate entitlement separately, and assess wider property and affairs decisions only where there is a reason to do so.

## Primary sources and official guidance

[Mental Capacity Act 2005](https://www.legislation.gov.uk/ukpga/2005/9/contents)

[Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice)

## Related information

- [Mental Capacity Assessment to Revoke a Lasting Power of Attorney](https://www.nelliesupports.com/lasting-power-of-attorney-services/revoke-lpa)
- [NHS Continuing Healthcare Support](https://www.nelliesupports.com/services/continuing-healthcare)
- [CHC Appeal Application: Drafting and Submission](https://www.nelliesupports.com/services/continuing-healthcare/chc-appeal-application)

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