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Author and Publication
Author: Nellie Supports Ltd
Publication Date: 15/05/2026
Citation
GOV.UK, Make, register or end a lasting power of attorney. Available at: https://www.gov.uk/power-of-attorney
Copywright
Copyright © 2026 Nellie Supports Ltd. All rights reserved.
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.
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
This guide explains what information must someone understand to make an LPA for Mental Capacity Assessment to Grant Lasting Power of Attorney in England and Wales. It gives a decision-specific overview of relevant information, evidence, risk factors, report quality and when a formal assessment may be needed.
What information must someone understand to make an LPA?
To make a valid Lasting Power of Attorney, the donor must be able to understand, retain, use and weigh a specific and limited set of information: the nature of an LPA and the authority it hands to the attorneys; who the attorneys will be; the scope of decisions covered by the particular LPA, whether property and financial affairs or health and welfare; when the attorneys will be able to act, including any conditions; that the LPA can be revoked while the donor retains capacity; and the foreseeable risks, including the possibility of an attorney misusing the power. The donor does not need to be able to manage their own affairs to grant an LPA; arranging for someone trusted to help is itself the point. This guide works through each element in plain English.
Relevant information must be defined before assessment
Relevant information is the information the person needs to understand, retain, use or weigh for this decision. For mental Capacity Assessment to Grant Lasting Power of Attorney, this usually includes the nature of the LPA, who the attorneys are, what powers they may have, when those powers can be used, the consequences of appointing or removing attorneys, and the safeguards available. Defining that information at the outset avoids vague, unfair or overbroad assessments.
Apply the Mental Capacity Act test to this decision
The Mental Capacity Act 2005 requires a structured approach. The person must be presumed to have capacity unless lack of capacity is established. They must be supported to make the decision where practicable, and an unwise decision is not enough on its own. The assessment then asks whether an impairment of, or disturbance in the functioning of, the mind or brain causes the person to be unable to make this decision.
Identify the relevant information
For this topic, relevant information commonly includes the nature of the LPA, who the attorneys are, what powers they may have, when those powers can be used, the consequences of appointing or removing attorneys, and the safeguards available. The relevant information should be tailored to the person’s actual circumstances. It should not be copied from a generic template if the person’s options, risks or legal context are different.
Gather evidence before drawing conclusions
The assessment is stronger when the evidence is organised before the conclusion is reached. Useful evidence may include draft or registered LPA documents, OPG correspondence, solicitor notes, family background, medical records and information about any concerns regarding pressure, coercion or fluctuating capacity. Where records are missing, contradictory or out of date, the report should say so rather than overstate the certainty of the opinion.
Record practicable steps and communication support
The person should be given a meaningful opportunity to make the decision. This may involve simple language, written summaries, visual aids, additional time, breaks, support with hearing or sight, an interpreter, a familiar setting or a carefully timed appointment. The report should explain what support was tried and whether it helped.
Analyse use and weigh, not just understanding
Many capacity disputes turn on whether the person can use or weigh information, not whether they can repeat it. The assessor should consider how the person reasons through benefits, risks, alternatives and consequences. For mental Capacity Assessment to Grant Lasting Power of Attorney, this means looking at the person’s own explanation and whether any impairment prevents them from weighing the material information.
Consider risk, pressure and vulnerability carefully
Risk features should be recorded without turning them into shortcuts. Common issues in this area include family dispute, pressure to appoint or remove an attorney, misunderstanding the attorney’s powers, confusion between property and financial affairs and health and welfare LPAs, and borderline or fluctuating capacity. The assessor should distinguish vulnerability, disagreement, family conflict and safeguarding concerns from evidence that the person is unable to make the decision.
What a strong report should contain
A strong report should include the instruction, the specific decision, the legal framework, the relevant information, evidence reviewed, practicable steps, direct assessment findings, functional analysis, causation and a clear conclusion. It should also explain any limitations, such as missing evidence, refusal to engage, fluctuating presentation or the need for further legal advice.
Key takeaway
LPA capacity is decision-specific. The assessor should not assume that the ability to discuss ordinary affairs proves capacity to grant or revoke legal authority. The safest approach is disciplined and evidence-led: define the decision, tailor the relevant information, support the person, apply the functional test and explain the reasoning clearly.
Frequently asked questions
Does a diagnosis automatically mean someone lacks capacity?
No. A diagnosis may explain why capacity is in doubt, but it does not answer the legal question. The assessment must still consider the specific decision, the relevant information, the support provided and whether the person can understand, retain, use or weigh that information and communicate a decision.
What evidence is useful for Mental Capacity Assessment to Grant Lasting Power of Attorney?
The draft or completed LP1F or LP1H forms, the donor's account of who the attorneys are and why they are trusted, any relevant diagnosis and records, and the context of the wider planning. The assessor tests each element of the relevant information against the actual LPA being made, not LPAs in the abstract.
When is a formal assessment for Mental Capacity Assessment to Grant Lasting Power of Attorney useful?
A formal report is usually useful where the decision is important, disputed, high-value, court-related, professionally scrutinised or affected by concerns about pressure, fluctuating capacity, communication needs or safeguarding risk.
Related mental capacity assessment pages
These internal links help readers move from this guide to the most relevant Nellie Supports service page, assessment option or legal framework page.
Making an LPA and unsure about the test?
Nellie Supports completes LPA donor capacity assessments across England and Wales, with certificate provider services available, a same working day response to every enquiry and every report peer reviewed before delivery. Call 0333 987 5118 or visit the LPA capacity assessment service page.