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Mental Capacity Assessment to Revoke a Lasting Power of Attorney
A mental capacity assessment to revoke a Lasting Power of Attorney is a decision-specific assessment of whether a person can make the specific decision to cancel the legal authority they previously gave to an attorney, applying the Mental Capacity Act 2005. An LPA can only be ended by the donor if they still have capacity, usually by deed of revocation.
A mental capacity assessment to revoke a Lasting Power of Attorney is a decision-specific assessment of whether a person can make the specific decision to cancel the legal authority they previously gave to an attorney, applying the Mental Capacity Act 2005. An LPA can only be ended by the donor if they still have capacity, usually by deed of revocation.
Clear, decision-specific LPA revocation capacity assessments for families, solicitors and professionals across England and Wales.
At a glance
Decision
Revoking a Lasting Power of Attorney
Legal framework
Mental Capacity Act 2005, section 13
Format
Face to face or remote
Report
Court-ready and peer reviewed
Coverage
England and Wales
Who this service supports
Who are you arranging this for?
The assessment is the same rigorous process whoever instructs it. What changes is what you need to know first.
I am supporting a family member
If someone wants to remove an attorney, the first question is whether they still have capacity to do it themselves. We answer that clearly and give you a report the Office of the Public Guardian and the court can rely on.
I am instructing as a professional
Solicitors instruct us where a donor wishes to revoke and their capacity to do so will be scrutinised, particularly where the attorney is likely to object. Scope and fee are confirmed in writing before instruction, and every report is peer reviewed.
Understanding this service
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed Over 11,000 completed assessments. This service sits alongside our full range of mental capacity assessment services.
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 cancelling a Lasting Power of Attorney the person has already made, whether because they no longer want that attorney to act or no longer want the power to exist at all.
A donor can revoke while they have capacity for that decision. If they cannot do so and there are concerns about the attorney or instrument, seek advice on OPG investigation or a Court of Protection application. An LPA can also end through other events under the Act, so loss of donor capacity does not make a court application the only possible way for every LPA to end.
When you may need an LPA revocation capacity assessment
An LPA revocation capacity assessment is usually needed where there is a real question about whether the donor can make the decision to cancel an existing Lasting Power of Attorney for themselves. This often arises where a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, is already in place and independent evidence of capacity is needed before it is revoked.
This commonly happens where there is dementia, memory loss, cognitive decline, brain injury, mental illness, fluctuating presentation, or any other condition that may affect decision-making. It may also be needed where a solicitor, family member or other professional wants clearer evidence before the deed of revocation is signed, or where there is concern about future challenge, family disagreement, attorney conflict, or possible undue influence.
Trust has broken down
The donor no longer wants the person they appointed to act for them.
Concerns about the attorney
There are concerns about how the attorney has been managing the donor's affairs.
A change in circumstances
A relationship has changed, or the attorney is no longer able or willing to act.
The attorney is likely to object
Revocation will be contested and the donor's capacity to revoke needs to be evidenced now.
A diagnosis has been made
The donor has a diagnosis that will be raised against them if they try to revoke.
A replacement is being made
The donor wants to revoke and make a fresh LPA, and both decisions need to be evidenced.
Relevant information
What this assessment covers
This assessment addresses the donor's capacity to revoke a Lasting Power of Attorney. Section 13 of the Mental Capacity Act 2005 allows a donor to revoke at any time while they have capacity to do so, which is why the question is time-sensitive. The assessment considers whether the person can understand, retain, use or weigh the relevant information, and communicate their decision. That information typically includes:
That an LPA exists, who the attorney is, and what the power currently allows them to do
That revoking it removes that authority, and from what point
Who would then make those decisions, and that this may mean nobody until a new arrangement is in place
What could happen if they later lose capacity with no power in place, including a deputyship application
That they could instead make a new LPA appointing someone else
Why they want to revoke, and what they expect it to change
Important considerations
The window matters
Where the donor wishes to revoke, establish capacity for that decision with practicable support and follow the deed and notification requirements. If capacity is absent, obtain advice about the particular instrument, any attorney concern and available OPG or court routes. Other statutory events can also end an LPA; do not assume a single route in every case.
Choice and decision-making
An unwise decision is not the same as lacking capacity
A donor is entitled to remove an attorney others think has served them well, and to replace them with someone the family would not have chosen. The issue is whether the person can make the relevant decision, not whether it looks sensible from outside.
The legal test for an LPA revocation capacity assessment
An LPA revocation capacity assessment applies the Mental Capacity Act 2005 to the specific decision to revoke the Lasting Power of Attorney. Applied to that decision, the functional test asks whether the donor can:
The question is not whether the person has a diagnosis, needs support in daily life, or appears vulnerable in general. It is whether, at the time the decision needs to be made, they can make that particular decision. The assessor also considers whether any inability is because of an impairment of, or disturbance in, the functioning of the mind or brain, and the risks that arise if an LPA is revoked without a clear alternative in place.
Framework: Mental Capacity Act 2005, particularly sections 1–3 and 13, with the OPG revocation process. The report supplies capacity evidence; it does not itself revoke the LPA. CPR Part 35 applies to civil expert evidence, while Court of Protection proceedings have their own rules and directions. Confirm the intended use at instruction.
Read the supporting guidance
Understand the information relevant to revoking the LPA, including who is appointed, the authority they hold and what ending it means
Retain that information long enough to make the decision
Use or weigh that information, including the benefits and risks of removing the attorney's authority
Communicate their decision by any means
Our capacity to revoke LPA assessment process
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.
All travel is charged separately at £48 per hour including VAT (£40 excluding VAT). The travel cost and any additional work are confirmed in your written quotation before booking.
Assessment appointment
A qualified assessor meets the donor face to face or remotely where appropriate, 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
Standard capacity reports are returned securely within 5 working days of the assessment visit. Enhanced or wider court work has a separately agreed timetable. The written instruction confirms the report and any included clarification or further work.
Evidence we consider
Evidence we review
With consent, the assessor grounds the assessment in the person's real circumstances. For a revocation assessment this typically means reviewing:
Medical records
GP summaries, hospital letters and any information about diagnosis or treatment that bears on decision-making.
The registered LPA
The instrument itself, including its type, the attorneys named and any restrictions or conditions.
How the power has been used
Anything showing how the attorney has been acting, which is often what has prompted the decision.
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 wishes and the relationship with the attorney.
Inside a Nellie Supports report
A strong report shows what decision was assessed, what information was relevant, what support was given, and how the conclusion was reached, so families, solicitors and professionals can rely on it.
Instruction and the specific revocation decision assessed
The LPA or LPAs and records reviewed
Relevant information for revoking 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 next steps where capacity is lacking
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 revoked, both can usually be assessed in the same appointment.
Single LPA
- One Lasting Power of Attorney assessed for revocation
- Decision-specific assessment under the Mental Capacity Act 2005
- CPR Part 35 compliant report as standard
For revoking a single Property and Financial Affairs or Health and Welfare LPA.
fee confirmed in writing
Both LPAs
- Both Property and Financial Affairs and Health and Welfare LPAs assessed
- Each revocation decision considered separately in one appointment
- CPR Part 35 compliant report as standard
For revoking both LPAs, assessed together in one appointment.
fee confirmed in writing
Choosing the right assessment
Standard Assessment
Most revocation questions
Enhanced Assessment (EMCA)
Contested, high-value or high-risk matters
Court-specific instruction
Court of Protection or other proceedings
Capacity to revoke LPA fees and timescales
fee confirmed in writing
Single LPA fee. Displayed service fees include VAT. Travel costs are confirmed separately. Both LPAs, finance and health, are fee confirmed in writing.
A home visit or video assessment, whichever suits the donor
A decision-specific assessment focused on the exact revocation decision
Assessment completed in line with the Mental Capacity Act 2005
Montreal Cognitive Assessment (MoCA) where appropriate, at no extra cost
A CPR Part 35 compliant report as standard
Peer reviewed by a second qualified professional before release
How this works in practice
The situation
A donor wanted to cancel a Property and Financial Affairs LPA after a breakdown in trust with the attorney. The attorney disputed whether the donor still had capacity to make that decision, so the solicitor instructed Nellie Supports for an independent, decision-specific assessment.
The assessment
We met the donor at home and focused on the specific decision to revoke: what the LPA was, what authority the attorney held, and what ending that authority would mean in practice. Information was given clearly and at the donor's pace, with cognitive screening to support the picture.
The outcome
The assessment concluded that the donor understood and could weigh the decision, and had the capacity to revoke the LPA. The report set out the reasoning clearly, giving the solicitor reliable, independent evidence to support the deed of revocation.
This is an illustrative example, drawn from the common features of the LPA revocation cases we assess. It does not describe any individual client.
Why choose Nellie Supports
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 completed assessments by a permanent full-time multidisciplinary team.
For families
A clear fee, stated before instruction and confirmed in writing, with VAT and any travel set out up front. 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.
Why families, solicitors and deputies choose Nellie Supports
Decision-specific evidence
We assess the exact revocation decision for the specific LPA, not a general view of capacity.
CPR Part 35 reports as standard
Structured, legally robust reporting suitable for scrutiny if the revocation is later questioned.
A route forward either way
Where capacity is lacking, the report explains what protective or legal steps, such as OPG or Court of Protection routes, may need to be considered.
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
We address pressure, attorney conflict and influence where relevant, since these often sit behind a revocation.
Employed, not outsourced
A permanent full-time team, peer reviewing every report, not an ad hoc panel of associates.
Frequently asked questions
Do you need mental capacity to revoke a Lasting Power of Attorney?
Yes. A donor can only revoke a Lasting Power of Attorney if they have the mental capacity to make that specific decision at the time the revocation is made. The issue is not whether they are vulnerable in general, but whether they can understand and make this particular legal decision for themselves.
Is revoking an LPA the same as changing attorneys?
No. Revoking an LPA brings that document to an end. If the donor still wants attorney arrangements in place, a new LPA may need to be made instead. It is important to be clear whether the donor wants to cancel the existing LPA completely or replace it with a different arrangement.
Can someone revoke one LPA but keep the other?
Yes, potentially. A donor may have a Property and Financial Affairs LPA, a Health and Welfare LPA, or both. If they have capacity to make the decision, they may revoke one without revoking the other. The assessment must be clear about exactly which LPA is being considered.
Is a diagnosis of dementia enough to stop someone revoking an LPA?
No. A diagnosis on its own does not decide capacity. Some people with dementia or other cognitive conditions may still be able to make the specific decision to revoke an LPA. The assessment must focus on the person's ability to make that decision at the relevant time.
What happens if the donor lacks capacity to revoke the LPA?
If the donor lacks capacity to revoke the LPA, they cannot validly revoke it themselves. The report still provides formal evidence of the outcome and may support the next step, such as raising concerns with the Office of the Public Guardian, safeguarding enquiries, or a Court of Protection route.
Will the assessment decide whether the attorney has done something wrong?
No. The purpose of the assessment is to consider whether the donor has capacity to revoke the LPA. It is not an investigation into misconduct. However, if there are concerns about the attorney's behaviour, the report may still be important evidence alongside safeguarding action or referral to the Office of the Public Guardian.
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.
LPA revocation capacity assessment guides
Who can assess capacity for an LPA?
The professionals involved and what makes an assessment suitable
What information must someone understand to make an LPA?
The relevant information the donor needs to understand
How to instruct a mental capacity assessor
Getting the instruction and evidence right
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
Other assessment types
We also provide mental capacity assessments for other decisions. If you need an assessment to grant an LPA, to manage finances, or a Court of Protection COP3 where another route is needed, our team can help.
Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
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.
Reports are typically delivered within 5 working days of the assessment visit.