Court of Protection Deputyship Discharge Capacity Assessment

The assessment is the same rigorous process whoever instructs it. What changes is what you need to know first.

I am the person under deputyship

If you are the person under deputyship, your own wishes and experience matter. Tell us what you want to manage and what help is available. We explain the assessment and the information needed, including the current order. The report provides evidence; it does not end the deputyship.

I am instructing as a professional

Provide the current order, the reason discharge or variation is being considered and any court timetable. We confirm the solicitor’s instruction or appropriate authority to liaise with the existing deputy. The work must address the responsibilities covered by the order and the person’s present financial circumstances.

An independent social-work practice with an employed professional team and peer-reviewed reporting. Explore our mental capacity assessment services to find the right starting point.

Read how we evidence our scale on our Permanent Team, National Scale page, and how reports are governed and peer reviewed in our Professional Standards.

What is a mental capacity assessment?

A capacity assessment answers a particular question at the relevant time. We help the person take part and consider the decision they face. Under the Mental Capacity Act, any inability to decide must be caused by an impairment or disturbance of mind or brain.

The assessment is about current capacity in the context of the deputyship. Improvement after illness or injury may justify revisiting the evidence, but neither recovery nor continued support should be assumed to determine the result.

We distinguish the decisions the person can make from tasks they may need practical help to carry out. The report explains the scope of its conclusion so that evidence about one area is not treated as a finding about all financial decisions.

This assessment is usually needed where a person is already subject to a property and financial affairs deputyship, and there is a question about whether that arrangement should continue, be varied, or come to an end. It may arise where the person's cognition, mental health, communication or support has changed since the original order, or where they now feel able to manage their own affairs following recovery, rehabilitation or improved stability.

It is frequently required where solicitors or deputies need formal evidence before considering an application to review, vary or discharge the order, and is especially useful in contested or disputed cases. Because this assessment relates to an existing Court of Protection context, we cannot usually accept instructions from family members alone. We can only proceed where we are instructed by a solicitor, or where there is clear authority for us to contact and liaise with the current deputy. This protects the person, ensures the assessment is properly authorised, and avoids conflicting instructions where legal authority may already sit with the court-appointed deputy.

Recovery after brain injury

The person has made a substantial recovery since the order was made and wants their affairs back.

Recovery after mental illness

A period of acute illness has resolved and the person is managing well again.

The order was made in a crisis

The deputyship was put in place at a low point and may no longer reflect the person's abilities.

The person is asking for it to end

The person under the order has told the deputy, the OPG or the court that they want it discharged.

The deputy is unsure

The deputy is no longer confident the order is necessary and wants that tested independently.

A narrower order may fit better

The person may have capacity for some decisions and not others, so the order could be varied rather than ended.

We identify the property and financial affairs currently managed under the order, the responsibilities the person would resume and the support that would remain available. The following matters guide a discussion tailored to their actual finances, rather than a general test of financial knowledge.

What money and property they have, in broad terms, including income, savings and any debts

What has to be paid out regularly, and how they would keep on top of it

What the deputy has been doing on their behalf, and what would change if the order ended

What could go wrong if their finances were not managed well, including the risk of exploitation

What support is available to them, and that using support is not the same as lacking capacity

That they could ask the court to end the order, narrow it, or leave it as it is

The person may be able to resume some responsibilities while needing help with others. The report describes the decisions assessed, the evidence and any limits. Discharge, variation or continuation of the order is a matter for the Court of Protection, following the applicable application process.

Someone who would spend their money differently from how the deputy has been spending it is not, for that reason, lacking capacity. The presumption of capacity applies here as everywhere, and an order should not continue merely because it is convenient.

We consider whether the person can make the relevant property and financial affairs decisions now, with practicable support. Wanting independence, disagreeing with the deputy or having a diagnosis does not answer that question. The assessment examines whether the person can:

If they cannot do one or more of these, the assessor considers whether that inability is because of an impairment of, or disturbance in, the functioning of the mind or brain, and explains the causal link. The assessment is neutral: it does not assume that capacity has or has not returned, and a person is not treated as unable to decide merely because others consider a decision unwise. A person may be able to manage simple day-to-day spending but not more complex property and financial affairs, and the report explains any such distinction clearly.

Framework: Mental Capacity Act 2005 sections 1–4, 16 and 20; the Code of Practice and relevant Court of Protection directions. Any COP3 or other required form is agreed as part of the instruction. The court determines what order, if any, should follow.

Read the supporting guidance

Understand the relevant information about managing their property and financial affairs, including income, bills, banking, savings, debts and property responsibilities

Retain that information long enough to make the decision

Use or weigh that information, including financial risk, the role of the deputy and the responsibilities they would resume

Communicate their decision by any means

Initial enquiry and triage

Tell us the decision, who needs the report and any deadline. We discuss the person’s needs and confirm the right service before booking.

Quotation and booking

Receive a written scope, fee including applicable VAT and agreed timetable. Travel and any additional work are explained before you proceed.

Assessment appointment

The assessor meets the person in an appropriate setting, explains the relevant information clearly and provides the support they need to take part.

Report preparation and peer review

The report explains the evidence, reasoning and conclusion. A second professional reviews it before delivery. Any court-specific requirements are agreed at instruction.

Secure delivery

Receive the report securely, with its findings and any limitations clearly explained. We respond to clarification requests within the agreed scope.

We review the documents relevant to the question and explain how to share them securely. The report distinguishes records, the person’s own responses and information supplied by others.

Medical records

GP summaries, hospital letters, rehabilitation and neuropsychology reports covering the period since the order was made.

The original order and the COP3 behind it

What the court decided and on what evidence, so the change since then can be shown rather than asserted.

The deputy's reports

Annual reports to the OPG, which often record how the person has been managing in practice.

Financial records

How money is currently being handled, including anything the person has been managing themselves.

Care and support records

Care plans and daily notes describing how independently the person is living now.

Accounts from people who know the person

Observations from family, carers and professionals about how the person is managing today rather than how they were.

A strong discharge report does more than say whether someone has regained capacity. It sets out the exact question, the relevant financial information, the evidence and the reasoning, tied to the person's own circumstances.

That the assessment concerns capacity to manage property and financial affairs, in the discharge context

The current deputyship order and legal context, and the role of the deputy

The financial decisions currently managed by the deputy, and the responsibilities the person may resume

The relevant financial information: income, bills, banking, savings, debts, property responsibilities and financial risk

The practicable steps taken to support the person to engage with the assessment

Whether the person can understand, retain, use or weigh that information and communicate a decision

Whether any inability is because of an impairment or disturbance of the mind or brain

The person's insight, appreciation of financial risk, wishes and the reasoning behind the conclusion

The assessment and fee on this page cover our standard service, which is suitable for most instructions. If your case is more complex, high-risk or potentially contested, additional evidence may help. We can advise on the appropriate scope before booking.

Explore Advanced and Enhanced assessments

fee confirmed in writing

Standard fee. Displayed service fees include VAT. Travel costs are confirmed separately. If your case needs additional evidence, follow the Advanced and Enhanced assessments link below to explore the scope and fees. Travel time is charged at £48 per hour including VAT (£40 excluding VAT) where applicable and is confirmed before booking.

A home visit or video assessment, whichever suits the person and circumstances

A property and financial affairs focus on the discharge, review or variation question, not a general opinion

Assessment completed in line with the Mental Capacity Act 2005

The relevant financial information clearly identified and tailored to the person's actual circumstances

Montreal Cognitive Assessment (MoCA) where clinically appropriate, at no extra cost

A clear, court-ready written report for solicitors, deputies and Court of Protection use, preparable as or alongside a COP3

The situation

A man had a property and financial affairs deputyship put in place several years earlier, after a brain injury left him unable to manage his money. Following rehabilitation and a long period of stability, he felt able to manage his own affairs again and wanted the deputyship reviewed. His solicitor instructed Nellie Supports to assess whether he now had capacity to manage his property and financial affairs.

The assessment

We met him and focused only on that specific question: whether he could now understand and manage his income, bills, banking, savings, debts, financial risk and property responsibilities, and the role the deputy currently played. We gave him support to engage, kept the assessment to property and financial affairs, and recorded the evidence and his reasoning in his own words.

The outcome

In this illustrative situation, a report would explain which financial decisions the person could make, the support considered and any remaining uncertainty. Their solicitor could then consider the appropriate application. A favourable assessment opinion would not itself discharge the deputyship or allow the existing order to be ignored.

This is an illustrative example, drawn from the common features of the deputyship discharge cases we assess. It does not describe any individual client.

The value of the service lies in the assessment and the explanation behind it: the relevant expertise, a supported process, careful use of records and a written opinion that others can examine. Our role is to provide independent evidence within the agreed instruction.

For families

Know the work, cost and timetable before booking. We agree the appointment arrangements around the person’s needs and explain what the completed report will include.

For professionals

An employed professional team, with relevant expertise and a second professional reviewing the report. We agree the appropriate assessor and written output for your instruction.

Focused on property and financial affairs

The assessment targets the exact question, whether the person can now manage their property and financial affairs, not a general view that capacity has returned.

Properly authorised instruction

We proceed only on a solicitor's instruction, or with clear authority to liaise with the current deputy, which protects the person and avoids conflicting instructions.

Neutral on whether capacity has returned

We do not assume capacity has or has not returned. The report provides structured evidence either way, tied to the Mental Capacity Act 2005.

COP3 where required

Where formal court evidence is needed, the assessment can be prepared as, or alongside, a COP3.

Built for contested review

Reports structured for deputyship review, variation and discharge, including disputed cases, with an enhanced pathway where close scrutiny is likely.

Employed, not outsourced

A permanent full-time team, peer reviewing every report, not an ad hoc panel of associates.

Can a person regain capacity after a deputyship order has been made?

Yes. Mental capacity can change over time. A person may regain capacity because of recovery, rehabilitation, improved support, stabilisation of a condition or changes in their day-to-day functioning. A previous finding that someone lacked capacity does not mean they lack it forever. The assessment considers the person's current ability to manage their property and financial affairs.

Does the assessment decide whether the Court of Protection will discharge the person?

No. The assessment provides professional evidence about the person's capacity to manage their property and financial affairs. It does not decide whether the Court of Protection will discharge the person, end a deputyship or vary an order. The court decides what weight to give the report and what legal steps should follow.

Can a family member request this assessment directly?

A family member can contact us to ask about the service, but we cannot usually proceed on a family instruction alone. Because the person may already be subject to a property and financial affairs deputyship order, we can only complete this assessment where we are instructed by a solicitor, or where there is clear authority for us to contact and liaise with the current deputy.

What decision is assessed in a discharge case?

This assessment focuses on whether the person has capacity to manage their property and financial affairs. It does not assess general capacity, welfare capacity, litigation capacity or capacity to instruct a solicitor unless those are separately instructed. It considers whether the person can understand, retain, use or weigh the relevant financial information and communicate their decision.

What if the person can manage some finances but not others?

That can happen. A person may be able to manage simple day-to-day spending but not more complex property and financial affairs. The report explains the person's abilities and difficulties clearly, including whether the issue concerns all property and financial affairs or a narrower part. This can matter where a more limited or varied order may be appropriate.

What happens if the person is found to have capacity?

If the assessment concludes that the person has capacity to manage their property and financial affairs, the report can help inform legal advice, deputyship review or a Court of Protection application. A finding of capacity does not itself end the deputyship or discharge the person; it provides evidence that may support the next lawful step, which is for the solicitor, deputy or court to consider.

What if the assessment does not reach the conclusion we hoped for?

Our opinion follows the evidence. We explain the findings and any uncertainty, whether or not the conclusion matches the initial concern. Paying for an assessment does not buy a preferred outcome.

What is relevant information in a capacity assessment?

Defining the relevant financial information

The two-stage test for mental capacity explained

The diagnostic and functional stages, clearly

Complex, high-value and contested capacity decisions

Planning assessments for disputed cases

Independence and conflicts of interest in capacity assessments

Why independence protects the evidence

How to instruct a mental capacity assessor

Getting the instruction and evidence right

How to arrange a Court of Protection assessment

The steps in order, from defining the decisions to filing the COP3 with the application.

Where formal court-form evidence is needed, a COP3 may be required. If the question is broader capacity to manage finances, or a complex contested matter needs an enhanced assessment, our team can help.

We provide independent assessment and professional evidence. Legal advice and court applications remain with the relevant legal adviser.

Tell us about the current deputyship order and the question to be assessed. Please note we can only proceed on a solicitor's instruction, or with clear authority to liaise with the current deputy, and we will then confirm the fee and the earliest appointment.

Reports are typically delivered within 5 working days of the assessment visit.

This service is delivered in accordance with The Nellie Standard™, Nellie Supports’ framework for evidence-led assessment, reporting and advocacy.

The Nellie Standard™ guides evidence-led work: a clear question, the right framework, appropriate support and reasoning you can follow.

The report focuses on the responsibilities covered by the existing deputyship, the person’s current abilities and the support available if arrangements change.

Complex work may require additional evidence or assessment. We explain the reason, proposed scope and cost before you decide to proceed.

Evidence before opinion; Correct test first; Decision-specific analysis; Enhanced scrutiny; Professional independence; Transparent reasoning; Clear conclusions; Capable of scrutiny

A calm, supportive assessment in a high-stakes Court of Protection context

Our assessment approach is designed to help the person participate as fully as possible while recognising that Court of Protection discharge questions can be sensitive, disputed and emotionally significant.

The assessment should support the person to make the specific decision wherever possible, using practicable steps, clear communication and a respectful approach before any conclusion is reached about capacity.

For this service, the therapeutic assessment approach means the conversation is structured, calm and person-centred. The assessor explains the purpose of the assessment in an accessible way, considers communication and emotional needs, and gives the person a fair opportunity to show whether they can understand and weigh the information relevant to the current Court of Protection arrangement.

This is particularly important where the person feels strongly about deputyship, wants more independence, or disagrees with professionals or family members. The assessment is not designed to catch the person out. It is designed to understand their reasoning, wishes, feelings, insight and ability to apply relevant information to their own circumstances.

Where the matter is contentious, the supportive approach remains important, but it is balanced with the need for clear evidence, transparent reasoning and a report that can be understood by solicitors, deputies and the Court of Protection.

The report explains the person’s presentation, participation, wishes and reasoning, alongside the evidence considered and the Mental Capacity Act analysis.

The Nellie Standard™ for Court of Protection discharge capacity evidence

The Nellie Standard™ requires the assessment to be decision-specific, evidence-led, properly reasoned and capable of scrutiny in a Court of Protection context.

The Nellie Standard™ guides evidence-led work: a clear question, the right framework, appropriate support and reasoning you can follow.

The assessment should not rely on broad statements that the person has or has not regained capacity. It should explain whether the person can make the specific decision, including whether they can understand the role of the deputy, the responsibilities they may resume, the risks and consequences of discharge or variation, and the support available if the current arrangement changes.

Where the case is complex or contested, the report should provide enough evidential detail for the instructing solicitor, deputy or court to understand the basis of the professional opinion, while remaining clear about the limits of the assessment and the scope of the instruction.

Decision-specific assessment; Court-ready reasoning; Evidence before opinion; Practicable support; Professional independence; Clear limitations; Capable of scrutiny

The assessment is a supported professional conversation. We explain what is happening, allow time and help the person participate.

We start with the presumption of capacity and take practicable steps to help the person decide for themselves.

The assessor uses clear language, appropriate pacing and communication support. A reassuring approach helps the person take part without directing their answers.

This is especially important because the assessment may sit within an existing deputyship arrangement, a disputed application or professional disagreement about whether Court of Protection oversight should continue. The assessment is not designed to catch the person out or to assume that capacity has or has not returned. It is designed to understand whether, with appropriate support, the person can make the specific decision or decisions connected to the current order, deputyship arrangement or proposed discharge.

In this context, the conversation should remain therapeutic and person-centred while still producing evidence that is clear, decision-specific and court-facing. Where the case is complex or disputed, an enhanced assessment pathway may allow for deeper exploration of cognition, reasoning, insight, executive functioning, risk appreciation and the person's ability to apply information to their own circumstances.

The report sets out the evidence and reasoning in clear language, so you and the professionals involved can understand the findings and next steps.