Lasting Powers of Attorney Mental Capacity Assessment
It’s reassuring to know that if you’re unable to make key decisions for yourself in the future, you can choose someone you trust to make them for you, such as a family member or close friend.
Making a lasting power of attoreny will ensure that the person you’ve chosen will legally be able to make decisions on your behalf. You can choose more than person including how they should work together. There are two kinds of lasting power of attorney. Lasting power of attorney for Property and Finance, and lasting power of attorney for Health and Welfare.
How can we help?
Nellie Supports provides experienced, qualified and registered Social Workers who can assist with assessing mental capacity for granting lasting power of attorney for finances and for health and welfare.
Our specialist team can also assist with the following:
Mental Capacity Assessment to "activate" Lasting Powers of Attorney
Mental Capacity Assessment to "Activate" Enduring Powers of Attorney
Lasting Power of Attorney Certificate provider services
Witness Services for lasting power of attorney
Video-Link and Face-to-Face mental capacity assessments for lasting power of attorney
Your Questions Answered
What to expect in a lasting power of attorney mental capacity assessment
Our lasting power of attorney mental capacity assessments usually take around an hour and our friendly, experienced social workers do their best to make sure it’s a comfortable and relaxed experience. We’re accredited expert mental capacity assessors, so you’re in good hands.
Can we act as Certificate Provider?
If we are comepltign a lasting power of attorney mental capacity assessment, then we can act as a certificate provider for your lasting power of attorney docuements at no extra charge; however, if there are no doubts about capacity, we can still act as a lasting power of attorney certificate provider at a reduced cost; this service also includes a short reprot answering the questions commonly asked by the Office of Public Guardian shoudla lasting power of attorney be conteseted.
I have an enduring power of attorney can you help activate it?
Yes. With an enduring power of attorney, we can complete a mental capacity assessment to determine whether a person has the sufficient mental capacity to manage their finances independently.
What happens if someone lacks mental capacity to grant lasting power of attorney?
While we always work to support a person to make their own decision, sometimes, due to the severity of their impairment, someone may lack sufficient mental capacity to grant lasting power of attorney. In these cases, we always try to ensure we have enough evidence, where possible, to complete a COP3 Deputyship form to allow family/friends to apply for deputyship.
Who can complete a mental capacity assessment?
In cases involving complex or major decisions you may need to get a professional opinion. The assessor must be an impartial, qualified professional, such as a doctor, nurse, or social worker.
Can we complete video-link or face to face lasting power of attorney mental capacity assessments?
We can visit you in your own home or any other suitable space you feel most comfortable and at a time of your choosing. In those instances where face-to-face assessments aren't viable, we offer a fully secure video-link assessment service.
Social Work England is a specialist body taking a new approach to regulating social workers in their vital roles. All of our Social Workers are registered with Social Work England for your peace of mind.
Our mental capacity assessors are accredited Montreal Cognitive Assessment (MoCA) assessors with specific experience in completing capacity assessments and specialist reports.
All of our mental capacity assessors have undergone extra training to become accredited financial vulnerability experts according to Lichtenberg standards, so they can provide even more detailed reports on mental capacity.
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Mrs Shah called regarding her husband, who had recently been diagnosed with dementia; Mrs Shah had been advised by her solicitor she would need to consider applying to the court of protection for a deputyship order COP3. However, Mrs Shah believed her husband had sufficient mental capacity to grant lasting power of attorney.
Our Social Worker attended to Mr Shah at his home and explained in simple, easy-to-understand terms the specific details of a lasting power of attorney for finances. Throughout the lasting power of attorney mental capacity assessment Mr Shah was clear that he wished for his wife and his son to be his attorneys; Mr Shah explained he also had a daughter, although his daughter lived in America, and the distance alone would prevent her from being able to support him.
Regardless of his diagnosis Mr Shah was able to evidence his understanding of the relevant information for granting lasting power of attorney; our social worker contacted the solicitor to advise them that Mr Shah did have sufficient mental capacity to grant lasting power of attorney. Mr Shahs solciitros then drafted lasting power of attorney documents and our social worker comeplted a second vsiit to act as acertficiate provider for Mr Shahs lasting power of attorney.
Everythign you need to know about lasting power of attorneys
A lasting power of attorney (POA) is a legal document used to appoint someone you trust as your agent to make decisions on your behalf should you become incapacitated. The person you choose is known as your “attorney-in-fact” or “agent.” Find our more in our article here
Frequently Asked Questions
What is a lasting power of attroney capacity assessment?
For a Lasting Power of Attorney to be established, the individual must first have an assessment to determine if they possess the mental capacity to make this important decision. During this evaluation, it must be determined whether the proposed attorney is trustworthy, competent, and reliable enough to handle the responsibilities expected of them.
How long does a capacity assessment take?
When determining the amount of time required to assess an individual's capacity to make decisions, the complexity of the decisions being assessed and the subject's cognitive impairment are both critical factors. Typically, one assessment session can be expected to last between 60-90 minutes for a single decision.
What happens if a person has no capacity to grant lasting power of attorney?
It's important to create an LPA (Lasting Power of Attorney) while you still have mental capacity in case it should be lost due to illness or injury. If an LPA hasn't been set up, you won't have the ability to decide who should make decisions for you. Don't miss the opportunity; take action and create your LPA now, before it's too late.
When considering granting a lasting power of attorney, a Social Worker will evaluate whether or not the donor has sufficient mental capacity to carry it out. If there are doubts about said capacity, our staff will work to gather enough evidence to create a COP3 Deputyship Report. In this way, families can be empowered to apply for deputyship on their own behalf.
What is a lasting power of attorney?
A Lasting power of attorney ensures that someone will make decisions about your financial matters and health and care if you're unable to do it yourself. You could set up a Lasting power of attorney in advance so that everything is taken care of should your mental capacity change or if you decide not to make decisions anymore. By creating a Lasting power of attorney, you have peace of mind that everything is covered.
This document serves to provide a specified individual the authority to make decisions on your behalf in regards to financial affairs. It will remain valid as long as you have mental capacity, and is appropriate for times when it may be difficult for you to leave such as a hospital stay or vacation, or if you simply wish someone else to handle these matters.
What is an enduring power of attorney?
In October 2007, the Enduring Power of Attorney (EPA) was replaced by the Lasting Power of Attorney (LPA). If an Enduring power of attorney was established and signed before October 1, 2007, then it will still be valid. Enduring power of attorney covers choices regarding your wealth and financial affairs, only coming into effect if you lose cognitive capacity or if you want someone to act on your behalf.