Capacity to Act as a Trustee – Independent & Legally Robust Assessments
Being a trustee involves significant fiduciary responsibilities — from managing investments to acting in the best interests of beneficiaries. If questions arise about a person’s ability to continue as a trustee, or whether they can create or retire from a trust, a decision-specific Mental Capacity Assessment ensures the decision is valid, fair, and legally compliant.
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Why Trustee Capacity Matters
The role of a trustee is not just an honorary title — it carries serious legal and financial duties. Trustees must:
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Manage trust property responsibly in line with the Trustee Act 2000.
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Act impartially and prudently, always in the best interests of beneficiaries.
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Weigh complex financial and legal choices, often involving long-term investments.
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Avoid conflicts of interest, safeguarding both the trust and their own legal position.
If a trustee loses capacity, even temporarily, the consequences can be significant:
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Decisions may be legally invalid or open to challenge.
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Beneficiaries may face financial loss or unnecessary disputes.
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Solicitors may be forced to apply to the court for replacement or intervention.
That is why capacity to act as a trustee must be assessed decision by decision — whether the person is continuing, creating, or retiring from a trusteeship. At Nellie Supports, we provide clear, CPR 35–compliant reports that establish whether the individual can safely and lawfully fulfil their trustee role. This protects both the trustee’s autonomy and the integrity of the trust itself.
When, Who & How Much – Your LPA Questions Answered
We know that arranging a trustee capacity assessment can feel daunting — especially if you’re unfamiliar with the duties set out in the Trustee Act 2000 or the legal requirements under the MCA 2005. To make things clearer, we’ve answered the three questions most people ask us first: when you’ll need an assessment, who can carry it out, and what it’s likely to cost.
When You Need a Trustee Capacity Assessment
You may need an assessment if:
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There are concerns that a trustee can no longer understand and manage the trust’s financial or legal responsibilities.
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A trustee is showing signs of dementia, brain injury, or cognitive decline, which may impair their decision-making.
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Co-trustees, beneficiaries, or solicitors are worried about mismanagement, undue influence, or failure to act impartially.
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A trustee is involved in complex investment or property decisions, and independent evidence is needed to confirm they can meet their duties.
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The Court of Protection or solicitors require a formal, CPR 35–compliant report to determine whether the trustee can continue in their role.
Who Can Complete the Assessment?
The courts require trustee capacity assessments to be carried out by professionals with both the right qualifications and expertise in fiduciary and financial decision-making under the MCA 2005. Suitable assessors include:
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Registered social workers with specialist training in capacity law and fiduciary responsibilities
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Doctors (e.g. GPs, psychiatrists, consultants) where health conditions impact decision-making
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Psychologists or occupational therapists with experience in complex financial and legal capacity assessments
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Other appropriately trained professionals with recognised qualifications in mental capacity assessment and trust law applications
At Nellie Supports, all of our assessments are completed by MoCA-accredited professionals. We combine validated cognitive tools with a detailed application of the four-stage functional test to evidence whether the trustee can:
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Understand their fiduciary duties under the Trustee Act 2000
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Retain information about investments, property, and beneficiary interests long enough to decide
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Weigh risks, conflicts of interest, and long-term implications
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Communicate clear and coherent instructions
This approach ensures our reports are not only MCA 2005 and CPR 35–compliant, but also respected by courts, solicitors, and beneficiaries when decisions about a trustee’s ability are under scrutiny.
How Much Does a Trustee Capacity Assessment Cost?
Our Capacity to Act as a Trustee assessments are designed to provide clear, legally robust evidence that stands up in court and protects both the trustee and the trust.
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Trustee Capacity Assessment (Acting as a trustee): £496.00
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Included in the price:
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Full MCA 2005–compliant capacity assessment focused on trustee duties
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CPR 35–compliant report tailored to fiduciary responsibilities under the Trustee Act 2000
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Optional liaison with solicitors, co-trustees, or the Court of Protection if required
Please note: prices are exclusive of VAT and travel. Contact our team for a personalised quotation based on your location and circumstances.
Why We Separate Different Trust Decisions
At Nellie Supports, we know that capacity is never a blanket concept — it is always decision-specific under the Mental Capacity Act 2005. This principle is particularly important in trust matters, because the legal and practical demands of each decision are different.
For example, the capacity required to act as a trustee is not the same as the capacity to retire from a trusteeship or to create a new trust. Each involves distinct information, risks, and consequences. That is why we assess each decision separately and, where necessary, provide individual reports.
This approach ensures:
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Legal Compliance – Decision-specific reporting is fully in line with the MCA 2005 and case law.
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Protection of Autonomy – A person may lack capacity to manage complex trustee duties but still retain capacity to step down voluntarily. Separate assessments allow us to reflect those differences fairly.
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Challenge-Resistant Evidence – Producing distinct reports for each decision makes our findings more robust in court or in the face of disputes.
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Clarity for Solicitors and Beneficiaries – By evidencing each decision on its own, we give all parties confidence in the outcome and reduce the risk of costly litigation.
At Nellie Supports, every trustee capacity assessment is completed by a MoCA-accredited assessor, and our reports are always CPR 35–compliant. By separating different trust-related decisions, we provide clear, fair, and defensible evidence — safeguarding both the trustee’s rights and the future of the trust.
Legal and Procedural Clarity
Our trustee capacity assessments are carried out in strict accordance with the Mental Capacity Act 2005 (MCA 2005) and the Trustee Act 2000, ensuring that every report is legally robust and suitable for court proceedings.
Key principles guiding our approach:
Decision-Specific Assessment – The MCA 2005 requires that capacity is assessed in relation to the specific decision. Acting as a trustee involves distinct responsibilities compared with retiring or creating a trust, so our reports are tailored to fiduciary duties such as investment decisions, impartiality, and safeguarding beneficiary interests.
Four-Part Functional Test – We evidence whether the trustee can:
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Understand their fiduciary role, including duties of prudence, loyalty, and impartiality.
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Retain information about the trust property, investments, and responsibilities long enough to make informed choices.
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Use or weigh that information when balancing risks, conflicts of interest, and beneficiary outcomes.
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Communicate clear instructions, by any means, to solicitors, co-trustees, or the court.
Causative Nexus – We demonstrate whether any inability to act arises from an impairment of, or disturbance in, the functioning of the mind or brain. Our MoCA-accredited assessors apply validated cognitive tools where relevant to support this evidence.
CPR Part 35 Compliance – All trustee capacity reports are written to full CPR 35 standards, ensuring they are court-ready, impartial, and capable of withstanding challenge. This is particularly important where disputes arise between beneficiaries, co-trustees, or other parties.
By combining clinical expertise with legal precision, our reports give solicitors, families, and the courts the reassurance that trustee capacity has been assessed fairly, thoroughly, and in line with the law.
Case Law Support
Our approach to trustee capacity assessments is underpinned by established case law, which highlights both the fiduciary nature of the role and the importance of decision-specific evidence.
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Letterstedt v Broers (1884) 9 App Cas 371
Confirmed that trustees must always act in the best interests of beneficiaries. Where a trustee cannot discharge these duties, including through loss of capacity, the court has the power to remove or replace them to protect the trust. -
Re B (A Patient) [2006] EWHC 1187 (Ch)
The Court of Protection held that where a trustee loses capacity, the mechanisms in the Trustee Act 1925 can be used to appoint a replacement. This case demonstrates the court’s role in ensuring the trust remains properly administered when capacity is in question. -
Re Clore (No. 2) [1982] 1 WLR 1379
This case distinguished between the capacity required to accept or decline a trusteeship and the capacity to continue acting as a trustee. It illustrates that acting as a trustee requires an ongoing ability to understand and carry out fiduciary duties.
These cases collectively reinforce that capacity to act as a trustee is not static. It must be assessed in the context of the trustee’s current responsibilities, the complexity of decisions, and the risks to beneficiaries. At Nellie Supports, our reports are structured to reflect these legal principles, giving courts and solicitors the clarity they need to safeguard both the trust and the individual.
Our Process – Step by Step
Initial enquiry & triage
Contact us by phone, email, or our online form. A senior coordinator responds the same working day to confirm the type of trustee decision being assessed, explain the process, and provide a clear written quotation (including VAT and travel where applicable).
Initial enquiry & triage
A suitably qualified assessor meets the individual — at home, in hospital, care setting, or via secure video — to carry out the assessment. The interview is supportive, decision-specific, and guided by the Mental Capacity Act 2005. Where helpful, our MoCA-accredited assessors use validated cognitive tools to evidence impairment and establish the causal nexus.
Initial enquiry & triage
The assessor prepares a comprehensive, CPR Part 35–compliant report tailored to trustee duties. All findings are linked directly to the MCA 2005 functional test and the Trustee Act 2000. Every report is internally peer-reviewed to ensure accuracy, neutrality, and legal compliance.
Initial enquiry & triage
You receive the report securely within 5–10 working days. Minor amendments are free within 14 days, and your assessor remains available to clarify findings with solicitors, courts, or co-trustees if required.
Areas we cover
We provide trustee capacity assessments across England and Wales, available face-to-face in your home, hospital, or care setting, or via secure video for convenience. Our assessors regularly support clients in London, Manchester, Birmingham, Leeds, Cardiff, and surrounding regions — as well as rural and remote communities.
Because trustee decisions often overlap with other important legal and financial matters, we also offer a full range of related assessments, including:
Wherever you are, our reports are MCA 2005–compliant and CPR 35–compliant, giving solicitors, trustees, and beneficiaries complete confidence that trust-related decisions are legally valid and robust against challenge.
Case Study: Supporting a Trustee to Continue Safely in Their Role
When Mrs B’s solicitor contacted us, they were advising a married couple who had managed a family trust for many years. Mr B, now in his late seventies, had always taken an active role as trustee, but recent concerns were raised by family members about whether he still fully understood the responsibilities involved. The solicitor needed a clear, decision-specific assessment to evidence whether Mr B retained capacity to continue acting as trustee.
Our assessment coordinator made same-day contact to gather background information, including details of the trust and any recent health concerns.
Within a week, one of our experienced assessors met Mr and Mrs B at their home, where they felt most comfortable and supported. The conversation was guided by the Mental Capacity Act 2005 and focused on whether Mr B could understand, retain, use or weigh, and communicate information relevant to acting as a trustee.
To support his understanding, our assessor used clear, jargon-free language and practical examples drawn from the trust itself — such as the impact of investment decisions and responsibilities towards beneficiaries. We also used the MoCA (Montreal Cognitive Assessment) as a validated cognitive tool to provide measurable evidence alongside professional judgment.
The assessment confirmed that Mr B still had the capacity to act as trustee, though with some areas where additional support would be beneficial. Our report recommended safeguards such as regular reviews and clear written advice from professionals, ensuring both Mr B’s autonomy and the ongoing protection of the trust.
The solicitor was able to proceed with confidence, knowing that the trustee role was being carried out lawfully and responsibly. Most importantly, Mr and Mrs B left the process reassured, supported, and confident in planning for the future of their family trust.
Why Choose Nellie Supports?
Choosing the right professionals to assess mental capacity is vital. At Nellie Supports, we combine expertise, empathy, and efficiency to make the process as smooth as possible. Our multidisciplinary team includes registered social workers, nurses, and specialists who bring decades of combined experience in capacity law and practice. Every assessment is conducted with compassion and clarity, always tailored to the person’s unique circumstances.
Experience peace of mind with our comprehensive social work services at Nellie Supports. Our team of registered and experienced professionals is dedicated to providing exceptional care and support. From mental capacity assessments to a wide range of social work services—such as EHCP appeals, life expectancy reports, and ongoing consultancy—our experts ensure accurate evaluations, personalised guidance, and the highest standards of practice.
We understand how important these decisions are, whether you’re planning for the future or responding to urgent legal requirements. That’s why our reports are consistently prepared to the highest standards, fully compliant with the Mental Capacity Act 2005, and accepted by courts and solicitors across England and Wales.
With a 4.9-star rating from clients nationwide, prompt response times, and a commitment to clear communication at every step, Nellie Supports is trusted by families, deputies, and professionals alike.
