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Discharge from the Court of Protection
A loss of mental capacity can be temporary, which means that someone who needed a deputy, is now able to make their own decisions again. As experienced assessors, we can provide a thorough assessment of your capacity and evidence any changes, to support your discharge application to the Court of Protection.
How we can help
Our expert mental capacity assessors can help you or your loved one if you feel there has been a change in mental capacity.
To best support you we recommend the completion of:
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A Montreal cognitive Assessment
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A specific report detailing your capacity to manage your own finances
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A report detailing your capacity to grant a lasting power of attorney for finances, as a less restrictive option to a deputyship
Your Questions Answered
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What to expect
Our 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.
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What's Included in the assessment?
Everything necessary is included, an assessment either face to face or via video link as well as a corresponding report. Where necessary our Social Workers will complete additional assessments such as a Montreal cognitive assessment and a financial decision tracker to strengthen their reports at no additional cos
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Why Choose Nellie?
We have worked with official court solicitors to create a bespoke assessment report to assess and record the mental capacity of an adult to engage in court proceedings in the Family Court, the High Court, a county court, or the Court of Appeal.
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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.
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Can we complete video-link or face to face assessments?
With the implementation of the Mental Capacity Amendment Bill (2019), we continue to provide video-link assessments, albeit as a last option and with a valid reason, duly recorded as evidence within our court-compliant reports
Accreditations
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 assessors are accredited Montreal Cognitive Assessment (MoCA) assessors with specific experience in completing capacity assessments and specialist reports.
All of our 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.
CASE STUDY
Charlie had been involved in a car accident when she was just four years old; at the time of the accident, specialists advised she would never have sufficient capacity to manage her finances, so a professional deputy was appointed to manage Charlie's money, including her settlement.
Charlie is now eighteen and just applying to start a forensic science degree at Loughborough university; over the past two years, her deputy has given her more authority to manage her own finances, including paying bills such as mobile phone contracts.
Charlie has requested via her deputy that she could be reconsidered to be discharged from the court of protection.
Our Social Worker met with Charlie at her home and completed several different assessments. A Montreal Cognitive Assessment to allow the courts to understand her level of cognition. A decision-specific mental capacity assessment around managing her finances to evidence whether she had sufficient capacity to manage her daily finances as well as more significant finances such as investments.
Finally, we completed a mental capacity assessment regarding lasting powers of attorney as if Charlie could grant lasting power of attorney, this could be a less restrictive decision than a deputyship and will prevent her from needing a deputy should anything happen in the future.
