Mental Capacity Assessment
Mental Capacity Assessment to Grant a Lasting Power of Attorney
An LPA capacity assessment is a decision-specific assessment of whether a person can make the specific decision to grant a Lasting Power of Attorney, applying the Mental Capacity Act 2005. It considers whether the donor can understand and weigh what an LPA is, who is being appointed, the powers being given and when they may be used, for a Property and Financial Affairs LPA, a Health and Welfare LPA, or both.
Clear, decision-specific LPA capacity assessments for families, solicitors and professionals across England and Wales.
At a glance
Decision
Granting a Lasting Power of Attorney
Legal framework
Mental Capacity Act 2005 and Re K, Re F [1988]
Format
Face to face or remote
Report
Court-ready and peer reviewed
Coverage
England and Wales
£600 + VAT
Single LPA, stated before instruction
5 working days
Typical turnaround
England and Wales
Nationwide coverage
CPR Part 35
Court-ready reporting
Plain-English explanation
What is a mental capacity assessment?
A mental capacity assessment is a decision-specific and time-specific process used to determine whether a person can make a particular decision for themselves. Under the Mental Capacity Act 2005, the assessor considers whether the person can understand, retain, use or weigh the relevant information, and communicate their decision. A person can only be found to lack capacity where an impairment of, or disturbance in, the functioning of the mind or brain causes their inability to decide. It is not a general test of intelligence, memory or diagnosis, and every practicable step must first be taken to support the person to make the decision.
The decision concerns creating a Lasting Power of Attorney: choosing who will act as attorney, for property and financial affairs or health and welfare, and on what terms.
Capacity is assessed for the specific LPA in question. A person may be able to appoint one trusted relative under a straightforward LPA while being unable to weigh a more complex arrangement involving several attorneys, replacement attorneys, restrictions and conditions.
An unwise decision is not the same as lacking capacity
A donor is entitled to appoint an attorney others would not have chosen. The issue is whether the person can make the relevant decision, not whether others agree with it.
Common situations
When you may need an LPA capacity assessment
An LPA capacity assessment is usually needed where there is a real question about whether the donor can make the decision to appoint attorneys for themselves. This often arises when a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, is being prepared and independent evidence of capacity is needed.
This commonly happens where there is dementia, memory loss, cognitive decline, brain injury, mental illness or fluctuating presentation. It may also be needed where a solicitor or family member wants clearer evidence before the LPA is signed, where a GP has declined to assist, or where there is concern about future challenge, family disagreement or possible undue influence.
A recent diagnosis
The donor has a diagnosis of dementia, an acquired brain injury or another condition that may later be used to question the LPA.
The certificate provider wants evidence
A certificate provider is unwilling to sign without independent evidence that the donor understands what they are granting.
Family disagreement
Relatives disagree about whether the donor should make an LPA, or about who should be appointed.
Concerns about influence
There are concerns that someone is steering the donor towards appointing them, or towards particular terms.
A registration objection is likely
There is a real prospect of an objection to registration at the Office of the Public Guardian, or a later challenge.
Hospital or care setting
The LPA is being made in hospital or a care home, often at short notice, where scrutiny is more likely.
Decision-specific content
What this assessment covers
This assessment addresses the person's capacity to grant a Lasting Power of Attorney. It is decision-specific: the assessor tests the actual LPA in contemplation, not a general impression. In line with the Mental Capacity Act 2005, and following the understanding required of a donor set out in Re K, Re F [1988] Ch 310, the assessment considers whether the person can understand, retain, use or weigh the information relevant to granting the power, and communicate their choice. The information relevant to granting an LPA typically includes:
What a Lasting Power of Attorney is, and that it gives the attorney authority to act on their behalf
Who they are appointing, and why they trust that person to act in their interests
That the attorney will be able to make the decisions the donor could have made themselves, within the scope of the power
When the power can be used, including whether it may be used while the donor still has capacity
That the power continues if they later lose capacity, and cannot then simply be cancelled without the Court of Protection
That they can revoke the power, or set restrictions and conditions in it, while they still have capacity to do so
The relevant information must be tailored
Appointing one trusted relative is not the same decision as appointing several attorneys to act jointly and severally with restrictions attached. The assessor identifies the information that is genuinely relevant to the decision in question.
1
The functional test
An LPA capacity assessment applies the Mental Capacity Act 2005 to the specific decision to grant the Lasting Power of Attorney. Applied to that decision, the functional test asks whether the donor can:
Understand the information relevant to making the LPA, including what it is, who is appointed, the powers given and when they may be used
Retain that information long enough to make the decision
Use or weigh that information, including the benefits and risks of appointing the proposed attorney
Communicate their decision by any means
2
Impairment and causation
The question is not whether the donor has a diagnosis or needs help in daily life, but whether an impairment affects their ability to make this specific decision at the time it needs to be made. A valid LPA also requires a decision made freely, so where relevant our reports address vulnerability and undue influence alongside capacity.
Framework: Mental Capacity Act 2005 ss 1 to 3; Lasting Powers of Attorney forms LP1F and LP1H; Office of the Public Guardian guidance. Reports prepared to CPR Part 35 standards.
For the framework in full, read our guide: what is capacity to grant an LPA.
Legal framework
The legal test for an LPA capacity assessment
Initial enquiry and triage
We gather the key details, explain how the assessment works, and confirm whether it relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both.
Quotation and booking
Once we understand the scope, we provide a clear quotation including VAT and any travel costs, and arrange a suitable appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the donor face to face or remotely, and carries out a decision-specific assessment, supporting the donor to make the decision for themselves and presenting the relevant information in the most suitable format.
Report preparation and peer review
The findings are written up clearly and reviewed by a second qualified professional. Our reports are evidence-based, legally robust and CPR Part 35 compliant as standard.
Secure delivery
Your completed report is returned securely by email, usually within 5 to 10 working days, with reasonable minor amendments and clarification available after delivery.
What happens next
Our capacity to grant LPA assessment process
Supported decision-making
How we support decision-making
The Mental Capacity Act 2005 requires that no one is treated as unable to make a decision unless all practicable steps to help them have been taken without success. That support is built into every assessment:
Plain language and real examples
Decisions are explained using the person's own circumstances and the decision actually in front of them, rather than abstract scenarios.
The right time and place
Appointments are arranged for when the person functions best, at home, in a care setting, in hospital or remotely.
A familiar person nearby
A relative, friend or carer can be close at hand where that reassures, while the assessment itself remains independent.
Communication adjustments
More time, information broken into stages, and written notes or aids where they help the person express a view.
Evidence base
Evidence we review
With consent, the assessor grounds the assessment in the person's real circumstances. For an LPA capacity assessment this typically means reviewing:
Medical records
GP summaries, hospital letters and any information about diagnosis or treatment that bears on decision-making.
The draft LPA
The instrument itself, including the type of power, the attorneys named and any restrictions or conditions.
Financial and legal context
A broad picture of the affairs the attorney would be managing, and any existing power, deputyship or trust.
Previous assessments
Earlier capacity assessments, cognitive testing or social care assessments, where these exist.
Care and support records
Care plans and daily notes that describe the person's presentation and any fluctuation over time.
Accounts from people who know the person
Observations from family, friends and professionals about the person's relationships and stated wishes.
Deliverable
Inside a Nellie Supports report
Every report shows what decision was assessed, the relevant information, the support offered and how the conclusion was reached, so it can be understood and relied upon.
Instruction and the specific LPA decision assessed
Documents and records reviewed
Relevant information for making the LPA
Practicable steps taken to support the donor
Assessment findings and observations
Consideration of vulnerability and undue influence
Analysis against the Mental Capacity Act 2005 test and conclusion
Limitations, declarations and COP3 Part B where completed
Assessment option | Suitable for | What is included |
|---|---|---|
Standard Assessment | Most LPA capacity questions | |
Enhanced Assessment (EMCA) | Contested, high-value or high-risk matters | |
Court-specific instruction | Court of Protection or other proceedings |
Who we work with
For solicitors, deputies and other professionals
Instruction is straightforward and the evidential standard is consistent whichever decision is being assessed:
Scope confirmed in writing
The decisions to be assessed, the fixed fee and the timescale are confirmed in writing before instruction.
A traceable evidential line
Evidence, analysis and conclusion are set out in a structure a court, bank or public body can scrutinise.
Peer review as standard
A second qualified professional reviews every report before it leaves the practice.
Follow-up clarification
Clarification for instructing parties is included after the report is delivered.
Single LPA
£600 + VAT
- One Lasting Power of Attorney assessed, either Property and Financial Affairs or Health and Welfare
- Certificate provider and witness on the day where appropriate
- CPR Part 35 compliant report as standard
For a single Property and Financial Affairs or Health and Welfare LPA.
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Both LPAs
£900 + VAT
- Both Property and Financial Affairs and Health and Welfare LPAs assessed
- Each decision considered separately in one appointment
- Certificate provider and witness on the day where appropriate
For both LPAs assessed together in one appointment.
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Transparent pricing
A single LPA, or both?
Capacity is assessed separately for each Lasting Power of Attorney, but where both a Property and Financial Affairs LPA and a Health and Welfare LPA are being made, both can usually be assessed in the same appointment.
For families
One fixed fee, stated before instruction and confirmed in writing, with no surprises. The assessment is arranged around the person, at home, in a care setting, in hospital or remotely, and your report is delivered within 5 working days of the assessment visit, in a form solicitors, the Office of the Public Guardian and the Court of Protection can rely on.
For professionals
A permanent, employed multidisciplinary team, not an ad hoc associate or referral-panel model: Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional and structured for scrutiny, with reports relied on in the Court of Protection, the Family Court and the Court of Appeal.
Provider evidence
Why choose Nellie Supports for your mental capacity assessment
England and Wales' largest identified specialist private social work and mental capacity assessment practice, with over 11,000 formal assessments and reports completed by a permanent full-time multidisciplinary team.
Why families, solicitors and deputies choose Nellie Supports
Certificate and witness on the day
Where the donor has capacity and the document is available, we can act as certificate provider and witness at the same appointment, at no extra cost.
CPR Part 35 reports as standard
Structured, legally robust reporting suitable for scrutiny, not just informal reassurance.
A route forward either way
Where capacity is lacking, we complete COP3 Part B on the day where possible, so families are not left at a dead end.
Therapeutic and supportive
The assessment supports the donor to take part as fully as possible, in line with the Mental Capacity Act principles.
Vulnerability and undue influence
A valid LPA needs a free decision, so we address pressure and influence where relevant.
Employed, not outsourced
A permanent full-time team, peer reviewing every report, not an ad hoc panel of associates.
The situation
A family contacted their solicitor to put a Property and Financial Affairs LPA in place for their mother, who had been diagnosed with early dementia. Her GP had declined to confirm capacity, so the solicitor instructed Nellie Supports for a decision-specific assessment.
The assessment
We met the donor at home, at the time of day she was usually at her best. The assessment was carried out as a calm, supportive conversation, giving her the relevant information about what the LPA was, who she was appointing and what powers it would give, in a format that suited her.
The outcome
With the right support, she understood and could weigh the decision, and the assessment concluded she had capacity to grant the LPA. Because the document was available and she had capacity, we acted as certificate provider and witness at the same appointment, so the family did not need a second visit.
This is an illustrative example, drawn from the common features of the LPA capacity cases we assess. It does not describe any individual client.
How this works in practice
Frequently asked questions
Common LPA capacity questions
Does a diagnosis of dementia mean someone cannot make an LPA?
No. A diagnosis such as dementia does not automatically mean someone lacks capacity to grant a Lasting Power of Attorney. The key question is whether they can make this specific decision at the time it needs to be made.
Can someone make an LPA if they have memory problems?
Yes. Capacity is decision-specific. A person may have capacity to make a Property and Financial Affairs LPA but not a Health and Welfare LPA, or the other way round, depending on whether they can understand and weigh the information relevant to that particular decision.
What happens if the donor lacks capacity to make the LPA?
If the donor lacks capacity to grant the LPA, they cannot validly make it. Where possible, we gather enough information during the appointment to complete COP3 Part B as well, so the family can apply for deputyship if needed.
Can you act as certificate provider and witness too?
Yes, where appropriate. If the LPA document is available at the appointment and the donor is found to have capacity to grant it, we can also act as certificate provider and witness on the same day at no additional cost.
Can the assessment cover both LPAs in one appointment?
Yes. Where both a Property and Financial Affairs LPA and a Health and Welfare LPA are being made, both can usually be assessed in the same appointment. The decisions are considered separately, but it is often possible to deal with both during one visit.
What if there are concerns about undue influence?
That is an important part of the assessment. If there are concerns that the donor may be under pressure or vulnerable to influence, this must be considered carefully. A valid LPA requires not only capacity, but a decision made freely.
What if the assessment does not reach the conclusion we hoped for?
Our assessments are independent, and that independence is what gives the report its value. We do not begin from a preferred answer. We assess the specific decision on its merits and record the reasoning, whatever the conclusion. A report that only ever confirmed what was hoped for would carry no weight with a solicitor, the Court of Protection or anyone else relying on it.
Where do you cover?
Assessments are carried out across England and Wales, at home, in care settings, in hospital or remotely where appropriate. Travel is charged at £40 per hour and confirmed before booking.
Who will carry out the assessment?
A registered professional from our permanent, employed team, which includes Social Work England and Social Care Wales registered social workers and a Chartered Psychologist (BPS). Every report is peer reviewed by a second qualified professional before delivery.
What is capacity to grant an LPA?
The decision, the legal test and the relevant information
What information must someone understand to make an LPA?
What the donor needs to understand and weigh
Who can assess capacity for an LPA?
The professionals involved and what makes an assessment suitable
When should an LPA capacity assessment be done?
The trigger points and practical circumstances
LPA capacity assessments for solicitors and families
Practical guidance for instructing and preparing
Supporting guidance
LPA capacity assessment guides
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
COP3 mental capacity assessment
For Court of Protection deputyship applications.
Testamentary capacity assessment
For making or amending a Will, applying the Banks v Goodfellow test.
Other assessment types
Discuss the instruction
Book an LPA capacity assessment
Tell us whether the assessment relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, and we will confirm the fee and the earliest appointment.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.