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.
WHAT OUR CLIENTS SAY ABOUT US
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Advice, Updates, and Insights into Trusts
Frequently Asked Questions
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Who can attend?Anyone is welcome. The series is designed for solicitors, deputies, social workers, health professionals, and families who want accessible insights into social care and legal practice.
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Where can I watch or listen to past episodes?All past episodes are available on our YouTube channel and Spotify podcast
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What is Nellie on the Sofa?Nellie on the Sofa is a free monthly webinar and podcast series hosted by Nellie Supports. Each episode features expert guests from health, social care, and law discussing practical topics and real-world issues.
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How often are episodes released?We release a new episode every month. Live webinars are followed by on-demand access via YouTube and Spotify.
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Do I need to pay to join?No. Nellie on the Sofa is completely free to attend. You simply register via Eventbrite to receive your Google Meet link and reminders.
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Can I suggest a topic or guest for a future episode?Yes. We welcome suggestions from our professional community. If you’d like to recommend a speaker or subject, please contact us at nellie@nelliesupports.com
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Who prepares your life expectancy reports?All reports are prepared exclusively by Kerry Slater, our Operations Director and forensic scientist. Kerry is registered with the Royal Anthropological Institute (Forensic Anthropology), ensuring every report has recognised professional authority.
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Are your reports CPR Part 35 compliant?Yes. Every life expectancy report includes a statement of truth, clear methodology, and objective expert opinion, making them fully compliant with Civil Procedure Rules Part 35.
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What information do you need from us?We’ll usually request medical records, lifestyle information, relevant legal documents, and signed consent forms. In some cases, our social work team may also carry out a social care needs assessment to evidence current care requirements.
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How long does a life expectancy report take to complete?Most reports are completed within 2–4 weeks, depending on the complexity of the case and the availability of medical records. Urgent instructions can be accommodated where timescales are tight.
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How much does a life expectancy report cost?Our reports are offered at a fixed fee of £707.00 + VAT, which includes a full review of the evidence and a CPR 35 compliant report. Additional fees may apply if further work is required, such as answering Part 35 questions or providing a second opinion.
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How do I register?You can book your place directly through the “Book Now” button on this page. Once you complete your registration, you will receive a confirmation email and e-ticket.
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Can I attend online?No. Nellie Con is designed as an in-person event only. It is about gathering the herd — bringing together lawyers, social workers, and care professionals in one space to share ideas, build connections, and learn collectively.
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Is the event accredited for CPD?Nellie Con is not formally accredited. However, delegates will receive a certificate of attendance and can usually log the 8 hours as part of their annual CPD record through self-certification with their regulator or employer.
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What is included in the ticket price?Your ticket includes entry to all sessions, refreshments, lunch, and access to presentation slides.
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Is the venue accessible?Yes. The hotel is fully accessible, with step-free access, accessible restrooms, and hearing loop facilities. Please let us know of any specific requirements when booking.
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Will materials or recordings be available afterwards?This is a live-only experience. Presentation slides will be provided to delegates, but recordings will not be available — Nellie Con is all about being present with the herd
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Who can instruct Nellie Supports?We accept instructions from solicitors, deputies, insurers and case managers, and in some cases directly from families who require independent evidence for court.
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How long does it take to complete a Care Needs Court Report?This depends on case complexity, but we confirm timescales at instruction and work to ensure every report is delivered within the agreed deadline.
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Are Care Needs Court Reports CPR 35 compliant?Yes. All of our reports are written in line with Civil Procedure Rules (CPR) Part 35, making them admissible in court as expert witness evidence.
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Who writes the reports?Reports are prepared by our multi-disciplinary team, which includes senior social workers, social workers, psychologists and benefits officers. Each report is reviewed by a senior social worker before it is dispatched
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What information do you need to prepare the report?We gather details through a comprehensive care assessment, along with relevant medical records, care plans, family input and professional contributions. This evidence ensures the report is complete and court-ready.
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How much does a Children & Young People COP3 cost?A single decision-specific COP3 assessment for financial deputyship costs £496.00. Prices may be higher if additional evidence is requested by the Court. All fees are confirmed in writing before we begin.
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What does the assessment involve for my child?Our assessor meets your child in a familiar, comfortable setting — usually at home. The meeting is informal, adapted to your child’s communication style and developmental stage. We never put children through tests that are not appropriate for their age.
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Who will complete the assessment?At Nellie Supports, all COP3 assessments are carried out by qualified social workers with specialist training in capacity law and experience working with children and young people. This ensures your report is both child-centred and legally robust.
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What is a Children & Young People COP3 assessment for?This assessment provides the Court of Protection with evidence about whether a child approaching 18 is likely to have the capacity to manage their own property and financial affairs. It is usually required when families are applying for a deputyship order.
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How long does the process take?Once instructed, we can usually arrange an appointment within 1–2 weeks, with a final COP3 report delivered within 7–10 working days of the visit. We also work with solicitors to meet urgent deadlines if required.
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How long does the AMCA process take?The process involves an initial information-gathering call, a psychometric testing appointment (either by secure video or in person), and a final face-to-face decision-specific interview. Reports are normally delivered within 10 working days, though urgent instructions can sometimes be prioritised.
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Does my relative need a formal diagnosis before we book an AMCA?No. A diagnosis is not required. Our assessors use validated tools — such as the MoCA and other psychometric measures — to evidence whether there is an impairment affecting decision-making. We then link those findings directly to the decision in question, ensuring legal clarity even if no medical label exists.
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What makes an Advanced Mental Capacity Assessment different from a standard one?A standard assessment applies the Mental Capacity Act 2005 two-stage test and produces a CPR Part 35–compliant report. An AMCA goes further: it includes targeted psychometric testing, emotional and psychological screening, and a detailed appendix of results in plain English. This provides stronger evidence for high-value, contested, or complex cases.
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Will the Court accept an Advanced Mental Capacity Assessment?Yes. All AMCA reports are written to CPR Part 35 standards, meaning they are court-ready and admissible as expert evidence. By including both clinical judgment and psychometric data, they provide a stronger foundation against challenge than a standard report.
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When would I need an Advanced Mental Capacity Assessment?You may need an AMCA if a decision involves a large estate, potential family disputes, suspected undue influence, safeguarding concerns, or rapid changes in someone’s mental health or cognition. Solicitors often request them for wills, trusts, and lifetime gifts where the risk of legal challenge is high.
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How quickly can I get a trustee retirement capacity assessment?We usually deliver reports within 5–10 working days. Same-day appointments may be available in urgent cases.
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Who can carry out a trustee capacity assessment?Trustee retirement assessments must be conducted by suitably qualified professionals such as registered social workers, doctors, or psychologists with mental capacity expertise. At Nellie Supports, all assessments are completed by specialists trained in MCA 2005 law.
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When do you need a capacity assessment to retire as a trustee?You may need one if a trustee wishes to step down, shows signs of cognitive decline, or if solicitors and the Court of Protection require independent evidence of their decision-making ability.
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How much does a capacity to retire as a trustee assessment cost?Our standard fee is £496.00 + VAT, which includes a full MCA 2005–compliant assessment, a detailed written report, and liaison with solicitors if required.
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Why is a separate assessment required for retiring as a trustee?Capacity is always decision-specific. The ability to retire as a trustee involves different legal and practical considerations than acting or creating a trust. A separate assessment ensures clarity, compliance, and protection against legal challenge.
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What does a trustee capacity assessment involve?Our assessor meets you at home, in hospital, care setting, or via secure video. We explain the decision in plain English, apply the MCA 2005 four-part test, and may use cognitive tools such as the MoCA to evidence any impairment. The process is supportive and person-centred, designed to highlight both the decisions you can make independently and any where support is needed.
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Do I need a capacity assessment to continue acting as a trustee?Not always. If there are no concerns about your ability to manage trust affairs, you may not need an assessment. However, if solicitors, beneficiaries, or the Court of Protection have raised doubts, a formal decision-specific capacity assessment provides clear, independent evidence that protects both you and the trust.
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What if the assessment finds I lack capacity to act as a trustee?If the assessment concludes that you lack capacity, the Court of Protection or the Trustee Act 1925 provides mechanisms for retirement or replacement of trustees. Our reports ensure that any such decision is based on robust, independent evidence, protecting both the individual and the beneficiaries.
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Who accepts trustee capacity assessment reports?Our reports are CPR 35–compliant and are widely accepted by solicitors, the Court of Protection, financial institutions, and trustees’ legal representatives. They are written to withstand challenge and reference relevant legislation and case law.
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How much does it cost to assess trustee capacity?A standard trustee capacity assessment costs £496.00 + VAT and travel. This includes a full MCA 2005–compliant assessment, a detailed CPR 35–compliant report, and liaison with solicitors or legal teams where required. For complex or contested cases, we may recommend our Advanced Mental Capacity Assessment (£995.00), which includes psychometric testing.
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What does “capacity to litigate” mean?Litigation capacity is a person’s ability to understand, retain, use or weigh, and communicate information about their legal proceedings. If someone cannot do this because of an impairment of the mind or brain, they may lack capacity and need a litigation friend to act on their behalf.
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Do you need a medical diagnosis to lack litigation capacity?No. A diagnosis such as dementia, brain injury, or mental illness is not required. What matters is whether the person can meet the functional test under the Mental Capacity Act 2005. At Nellie Supports, all of our assessors are MoCA-accredited and can use this psychometric tool to evidence impairment, even when no formal diagnosis exists.
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Is the certificate included in the cost?Yes. Every assessment includes a Capacity to Conduct Proceedings certificate at no additional charge. This ensures solicitors and the court have the required evidence without incurring extra fees.
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How long does the assessment process take?The face-to-face or secure video assessment usually takes around 1–2 hours, depending on the complexity of the case. You will receive the completed report and certificate within 10–14 working days of the appointment. We also provide urgent assessments where court deadlines require a faster turnaround.
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Who can carry out a litigation capacity assessment?Assessments can be completed by professionals with specialist knowledge of capacity law, such as registered social workers, doctors, and psychologists. At Nellie Supports, every assessment is completed by a qualified, experienced assessor, and the report is CPR 35–compliant so it can be relied upon in court.
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Who can carry out a property capacity assessment?The assessment must be completed by a qualified health or social care professional with expertise in mental capacity law. At Nellie Supports, our team are trained in both the Mental Capacity Act 2005 and cognitive tools such as the MoCA, ensuring assessments meet legal and clinical standards.
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How much does a property capacity assessment cost?A decision-specific property capacity assessment costs £496.00, exclusive of VAT and assessor travel. This includes a full face-to-face assessment and a written report that is CPR Part 35 compliant, suitable for legal proceedings.
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Why do solicitors or banks request a property capacity assessment?Solicitors and financial institutions may ask for an assessment to protect vulnerable individuals and ensure the transaction is legally valid. This reduces the risk of future disputes, financial exploitation, or the sale being overturned in court.
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How quickly can I get the report?Most property capacity reports are delivered within 10–14 days of the assessment. If you have urgent timescales due to a pending sale or purchase, let us know and we will do our best to prioritise your case.
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What is a property capacity assessment?A property capacity assessment is a formal evaluation to determine whether someone has the mental capacity to understand and make decisions about buying, selling, or transferring property. It looks at whether they can understand, retain, weigh up, and communicate the key information about the transaction.
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What is a PA14 Probate Medical Certificate?The PA14 is a medical certificate used in probate applications to confirm whether the named executor has the mental capacity to carry out their responsibilities. It helps the Probate Registry decide if another person should step in to administer the estate.
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How long does it take to receive a PA14 assessment and certificate?We usually deliver the completed PA14 certificate and accompanying capacity report within 10–14 days of assessment. For urgent cases, we also offer an expedited service to help families and solicitors meet tight probate deadlines.
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Will the PA14 be accepted by the Probate Registry?Yes. Our PA14 certificates are prepared in line with Probate Registry requirements and supported by CPR 35-compliant expert reports. This ensures they are not only valid for probate but also robust enough to withstand legal scrutiny if the estate is challenged.
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Do I need both a PA14 form and a full mental capacity report?Yes. A PA14 form alone may be sufficient for straightforward cases, but if the estate is contested or challenged, it may not stand up in court. At Nellie Supports, we provide both the PA14 certificate and a full MCA 2005-compliant assessment report, giving you stronger protection against disputes.
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Who can complete a PA14?The Probate Registry requires that a PA14 is completed by an appropriately qualified health or social care professional with experience in mental capacity assessments. At Nellie Supports, every PA14 is completed by a suitably qualified professional, supported by our wider team trained in the Mental Capacity Act 2005.
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Will the report be accepted by banks and the Court of Protection?Yes — our reports are written in a court-compliant format suitable for use with financial institutions, solicitors, and the Court of Protection.
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Do I need a diagnosis before the assessment?No — the law does not require a formal medical diagnosis. What matters is functional evidence of how any impairment affects the ability to manage finances.
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How quickly will I get the report?You will receive your completed report within 10–14 days of the assessment. Urgent turnaround is available on request.
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How long does a Capacity to Manage Finances assessment take?Most assessments take between 60 and 90 minutes, depending on the complexity of the financial decision.
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Can the assessment be done remotely?In some cases, yes — we can assess by secure video call if it is appropriate for the person’s needs and the decision in question.
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Will the OPG accept your report?Yes — our reports meet MCA 2005 and OPG requirements and are widely accepted.
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How quickly can you carry out the assessment?We can often arrange an appointment within a few days.
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What happens after I revoke my LPA?You may wish to create a new LPA or make other arrangements for managing your affairs.
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Do I need a reason to revoke my LPA?No — but you must have the mental capacity to make that decision.
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Can I revoke my LPA if my attorney disagrees?Yes — as long as you have capacity, your decision overrides your attorney’s opinion.
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Do I need a capacity assessment if I have a Certificate Provider?No — our Certificate Provider service is for clients with no concerns about their capacity. If there is any doubt, a formal capacity assessment is required.
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Can you also witness my signature?Yes — we can act as both Certificate Provider and witness at the same visit, at no extra cost.
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Can you be my Certificate Provider if my solicitor is one of my attorneys?Yes — that’s one of the most common reasons people use our service.
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Will you explain the LPA to me?Yes — we explain the document in clear, simple terms and ensure you understand it fully before signing.
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How quickly can you arrange an appointment?We can usually arrange a home visit within a few days of your enquiry.
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Who can carry out an LPA capacity assessment?Assessments should be completed by a suitably qualified and experienced professional, such as a registered social worker, doctor, occupational therapist, or another professional with relevant training and experience in mental capacity law.
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Do I have to have a diagnosis to pass an LPA capacity assessment?No. You don’t need a formal medical diagnosis to grant an LPA. What matters is that you can understand, retain, use or weigh, and communicate information about the decision at the time of the assessme
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Can you assess me for both Finance and Health LPAs in one appointment?Yes. We can complete both assessments in a single visit, but we will produce two separate reports — one for each decision — to meet legal and procedural requirements.
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How long does an assessment take?Most assessments take between 60 and 90 minutes, depending on the complexity of the decision and the client’s communication needs. We always work at a pace that’s comfortable for you.
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Will my solicitor accept your report?Yes. Our reports are compliant with the Mental Capacity Act 2005 and the Office of the Public Guardian’s requirements, and are widely accepted by solicitors and the courts across England and Wales.
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How long does a testamentary capacity assessment take?Most assessments are completed in one home visit or secure video call, with a court-ready report delivered within 5–10 working days.
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What is a testamentary capacity assessment?A testamentary capacity assessment evaluates whether a person can understand and approve the contents of their will in line with the Banks v Goodfellow legal test.
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How much does a testamentary capacity assessment cost?Our standard single-decision testamentary capacity assessment is £495 + VAT (plus mileage), confirmed in writing before we begin.
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Who can carry out a testamentary capacity assessment?It must be completed by an appropriately qualified professional, such as a registered social worker, psychologist, or other assessor experienced in capacity law.
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Why might a solicitor recommend a testamentary capacity assessment?Solicitors follow the Golden Rule, recommending independent assessments when there’s a risk of future dispute, unusual will changes, or cognitive concerns.
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What if the GP or local authority won’t help?If your GP or local authority is unable or unwilling to complete the assessment, Nellie Supports can step in with a private, independent assessor experienced in COP3 cases and Court of Protection proceedings.
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Who can complete the COP3 form?Part B of the COP3 form must be completed by an appropriate assessor — such as a qualified mental capacity assessor (e.g., social worker or psychologist) experienced in applying the Mental Capacity Act.
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Is a diagnosis required for a COP3 assessment?No. A formal diagnosis is not legally required. The Mental Capacity Act only requires evidence of an impairment or disturbance in mental functioning that affects decision-making, which our assessors can establish without a diagnosis.
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How quickly can I get the COP3 report?We deliver court-compliant COP3 assessments and reports within ten working days of assessment, with urgent appointments available nationwide
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What is a COP3 Mental Capacity Assessment?A COP3 assessment is a formal evaluation used in Court of Protection applications to determine whether an individual has the mental capacity to make specific decisions, typically relating to property and financial affairs.
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What kind of records do you need to complete an assessment?We review medical records, GP notes, social care assessments, hospital discharge summaries, witness statements, and any other relevant documentation from the time in question. The more information available, the more robust the assessment.
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How long does the process take?Once all required documentation is received, we aim to complete the assessment and provide a full written report within 7 to 10 working days. Urgent instructions may be accommodated where necessary.
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What is a retrospective capacity assessment?A retrospective capacity assessment determines whether a person had the mental capacity to make a specific decision at a previous point in time. It’s typically used in legal disputes involving wills, gifts, property transfers, or deputyship decisions.
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Can you assess capacity for a will that was signed years ago?Yes. We can assess historical decisions provided there is sufficient documentary evidence from the time. There is no strict time limit, though older cases may require additional investigation to establish the context.
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Is a retrospective assessment legally valid in court?Yes. When conducted by a qualified professional and based on clear evidence, retrospective assessments can be submitted as expert evidence in legal proceedings. Our reports follow the Mental Capacity Act 2005 and, where relevant, the Banks v Goodfellow test for testamentary capacity.
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Why would a professional deputy use Nellie+?Professional deputies value Nellie+ for its predictable monthly cost, consistent point of contact, and ability to mediate between stakeholders, reducing disputes and ensuring decisions stay focused on the client’s best interests.
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Who is Nellie+ designed for?Our service is designed for self-funders, individuals with savings or assets above £23,250, professional deputies, and families who want predictable, ongoing care management support.
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Can you work alongside my existing care providers?Absolutely. We can coordinate with your current providers, review their services, and make recommendations or adjustments to ensure your care remains appropriate and effective.
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How does the subscription model work?You pay one fixed monthly fee that covers all aspects of your care coordination, from the initial assessment to ongoing reviews, provider liaison, and advocacy whenever you need us.
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Do you cover my area?Yes, we provide in-person case management across England and Wales, as well as remote support where appropriate.
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What is included in the subscription?Depending on your subscription level Nellie+ includes your initial care needs assessment, bespoke care planning, provider sourcing and coordination and monthly reviews.
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How quickly can I start receiving support?In most cases, we can begin the intake process within 5–10 working days, with urgent cases considered sooner where possible.
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How is this different from one-off care consultancy?Unlike a one-off service, Nellie+ offers continuous oversight, advocacy, and coordination, ensuring that care remains suitable, cost-effective, and in line with your wishes over time
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What is Nellie+ Case Management?Nellie+ is a subscription-based social care case management service that provides continuous support, advocacy, and coordination for individuals with ongoing or complex care needs.
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How often will my care plan be reviewed?We conduct formal monthly reviews as part of your subscription (excluding silver package)
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What is a care needs assessment and why would I need one?A care needs assessment helps identify the support someone may require to live safely and independently. It looks at physical, emotional, and social needs.
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What happens during a care review?A review checks whether the care in place is working well or needs adjusting. We do this after 2 weeks and again at 1 month to ensure everything is right.
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What is care brokerage?Care brokerage means we help source, arrange, and coordinate all the services outlined in your care plan, from home care providers to equipment suppliers.
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How quickly can you carry out an assessment?We typically offer appointments within a few days, avoiding the long wait times often seen with local authorities.
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How do I know the care providers you recommend are good quality?We only work with trusted, regulated providers and always act in your best interests, ensuring services are reliable and person-centred.
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What’s included in a care plan?A care plan outlines tailored support recommendations, including daily care, technology aids (like alarms or CCTV), and services to promote independence and wellbeing.
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Do you only support older adults?No. While many of our clients are older adults, we also support individuals of any age who need help with social care planning.
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Is your service compliant with the Care Act 2014?Absolutely. All assessments and care plans are professionally completed in line with Care Act guidance and best practice.
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Will you liaise with my family or attorney (LPA)?Yes. We’re happy to work closely with your chosen representative, including attorneys for health and welfare or finances.
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I’m funding my own care—can you still help?Yes. Our services are designed especially for self-funders who want professional guidance without going through the local authority system.
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Who can request your services?Our services are available to families, deputies, solicitors, SENCOs, local authority professionals, educators, and healthcare practitioners across England and Wales.
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What makes Nellie Supports different from other social work providers?We combine legal and social care expertise, deliver court‑compliant reports, operate nationwide, and offer long-term case management and clear communication throughout complicated processes.
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Who leads the practice?Our team is led by Ben Slater, a qualified, registered Social Worker with a team that includes registered social workers, psychologists, forensic specialists, and a funding lead focused on care funding and appeal support.
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How quickly can I get support?For assessments and support, we typically respond within one working day, schedule appointments within 5–10 business days, and can prioritise urgent cases if needed
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How do clients work with you?You can contact us directly via phone, email, or form. Our team will help determine the most appropriate pathway, explain pricing, timelines, and book your service—usually same or next working day.
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What is your pricing approach?We offer transparent, fixed pricing with no hidden extras. Quotes are clarified before work begins—covering assessment, report, and travel (where applicable), exclusive of VAT.
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Can you explain the qualifications of your assessors?All our assessors are registered and experienced—including Social Work England or Social Care Wales registration, The British Psychology Society and accredited in MoCA and financial vulnerability, and expertise in legal frameworks like the MCA or Care Act.
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What is Nellie Supports?Nellie Supports is an independent social work practice providing specialist assessments, advice, and advocacy across England and Wales—from capacity assessments to EHCP support, care planning, and expert court reports
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What services do you offer?We offer mental capacity assessments, EHCP support (application, draft review, appeals), care coordination (Nellie+), PIP/benefit reviews, case management, court reports (e.g. life expectancy, retrospective capacity), and CHC/care funding appeals.
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Where are your services offered?We provide remote services across England and Wales, plus face-to-face assessments in local regions. Contact us to confirm availability in your area.
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What is Nellie Con and who should attend?Nellie Con is our flagship annual conference designed for professionals working in mental capacity, SEND, social care, and legal fields. Ideal for those seeking CPD, best practice insights, and networking.
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How do I register for an event?Just visit the training page and click the “Register” or “Reserve spot” button for your chosen event. You’ll receive instant confirmation and follow-up details via email.
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Can solicitors or local authority staff attend?Absolutely. Our training attracts professionals such as legal practitioners, deputies, PIP assessors, SENCOs, and local authority case officers—anyone working in the SEND and capacity sectors.
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How many CPD hours do I earn?Most sessions offer 1–2 CPD hours. Certificates are issued for both Nellie Con and Sofa episodes to support accredited learning requirements.
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Can organisations book group places or tailored sessions?Yes, we offer group ticket discounts for Nellie Con. We also arrange bespoke in-house training or webinars for teams or professional bodies—just contact us for details.
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Who delivers the training?Our events are led by qualified social workers, psychologists, and legal experts from Nellie Supports, alongside guest speakers from care law, education, and professional practice.
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Are recordings available after sessions?Yes—recorded episodes of Nellie on the Sofa and select sessions from Nellie Con are available for registered attendees via our member resource hub.
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What is "Nellie on the Sofa"?Nellie on the Sofa is a live online series of webinars and podcast-style interviews featuring experts in EDCP, social care, mental capacity law, and tribunal support topics. Each episode is usually a short, engaging CPD session.
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When will the next Nellie Con happen?Event dates, speakers, and registration details are published on our training page. Subscribe to the newsletter to receive updates as soon as new event details are released.
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What are the costs to attend?Nellie on the Sofa is free to attend live. Nellie Con requires a paid ticket (early-bird options often available). Ticket prices are clearly published on the event page.
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Where do I start if I need help today?You can contact us by phone, email, or web form. A senior coordinator will respond the same working day to advise on the next steps and service timeline.
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Are your services available remotely?Yes. Remote assessments and consultations are available nationwide. Face-to-face assessments are offered throughout England and Wales.
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What are your fees for common services?Pricing is transparent and tailored to each service. Examples include: EHCP draft review (£290), EHCP appeal support (£600), standard mental capacity assessment (£496), One-Stop EHCP pack (£1900 – £2600). Fees exclude VAT and mileage where applicable.
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How long does each service take?Most services are delivered within 5–10 working days, with expedited options available for time-sensitive cases.
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How do I know which service is right for me?If you're unsure what support fits your situation, contact our referral team—our specialists will guide you to the most appropriate pathway.
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Which services does Nellie Supports offer?Nellie Supports provides expert-led social work services including mental capacity assessments, EHCP support, care planning, state benefit reviews (PIP), CHC/care funding appeal support, and long-term case management (Nellie+).
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Are your reports recognised by legal and statutory bodies?Absolutely. All assessments and reports meet statutory standards, including MCA 2005, Care Act 2014, SEND Code of Practice, and CPR Part 35, making them trusted by courts and professional bodies.
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Can you assist with benefit claims and appeals?Yes. We support PIP applications, benefit entitlement reviews, and mandatory reconsiderations, providing evidence-based documentation to support appeals.
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Who can access your services?We support families, deputies, solicitors, education staff, healthcare professionals, and local authorities across England and Wales.
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Do you tailor services for ongoing support needs?Yes. Our Nellie+ case management service provides long-term coordination and advocacy across multiple care or legal pathways.
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Where do your expert assessments apply?Our reports support a wide range of cases, including personal injury, financial deputyship, care funding appeals, family proceedings, and tribunal applications—including NHS CHC funding or Local Authority care disputes.
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What is included in a care needs court report?Care needs court reports typically include a structured care assessment, detailed care plan, costed brokerage report, benefits review, CHC checklist, and expert opinion summary—all compiled into a court-ready bundle.
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Who provides the expert assessments at Nellie Supports?Our reports are prepared by experienced professionals including registered social workers, psychologists, and forensic specialists. Each document meets CPR Part 35 standards and is peer-reviewed before delivery.
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What are life expectancy reports used for?Life expectancy reports provide probabilistic estimates of lifespan based on clinical data and demographic factors. They’re commonly used in divorce settlements, will planning, and financial litigation.
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What types of assessments do you offer?We offer a wide range of assessments, including mental capacity, care needs, EHCP, PIP, and benefit-related assessments.
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Is your reporting service compliant with legal standards?Yes. All reports are written to meet legal frameworks such as the Mental Capacity Act 2005, Care Act 2014, and CPR Part 35. They’ve been accepted by courts, solicitors, deputies, and NHS bodies across England and Wales.
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What types of expert court reports do you produce?We prepare a range of court-compliant social work reports—including care needs court reports, retrospective mental capacity assessments, life expectancy reports, and deportation appeal assessments (Article 8 reports).
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Do you work with legal professionals and deputies?Absolutely. We collaborate closely with solicitors, deputies, barristers, and legal teams—providing structured evidence and expert insight through clear, court-compliant documentation.
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How quickly can I receive a report?Most reports are delivered within 5–10 working days of assessment, with urgent cases prioritised. A senior coordinator responds within one working day to confirm scope and turnaround.
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Can multiple reports be combined for one case?Yes. We can provide bundled services—such as combining mental capacity, care needs, life expectancy, and CHC funding assessments—into a single coordinated package to simplify your case preparation.
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When is a retrospective mental capacity assessment used?These reports are used to determine whether an individual had capacity at a specific point in the past—for decisions such as wills, property transfers, or donor gifts—and are often used in probate disputes or financial investigations
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Is your service available across the UK?Yes, we offer remote support nationwide and face-to-face services across England and Wales.
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What is the SEND35 appeal form?SEND35 is the form used to appeal to the SEND Tribunal when a local authority refuses to carry out an EHC needs assessment or issue a plan.
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What support do you offer during an EHCP tribunal?We offer full support, including evidence gathering, expert reports, case preparation, and representation at the hearing if needed.
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What is an EHCP draft review?An EHCP draft review evaluates whether the proposed plan meets your child’s needs before you agree to it or request changes.
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Do you provide expert reports to support EHCP appeals?Yes. Our specialists can provide tailored educational psychology or social care reports to strengthen your EHCP appeal.
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Can you help if my EHCP is refused?Yes. We assist with appeals against EHCP refusals, including SEND35 form preparation and tribunal representation.
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What is included in a one-stop evidence pack?Our evidence pack includes a detailed needs assessment, specialist reports, and a cover letter aligned with SEND tribunal requirements.
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Can you help with annual reviews of existing EHCPs?Absolutely. We review current EHCPs to ensure they still meet your child’s needs and advise on requesting amendments if necessary.
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How do I know if my child qualifies for an EHCP?If your child has significant difficulties with learning, behaviour, or health that require extra support, they may be eligible for an EHCP.
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How quickly can you help if I have an upcoming EHCP deadline?We offer urgent support for time-sensitive cases and can begin gathering evidence and preparing appeals immediately if needed.
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How quickly will we receive the report?You will normally receive the completed, signed report within 5 to 10 working days. We also offer urgent turnaround options if your case has a tight deadline—just contact our team.
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Are your reports accepted in legal proceedings?Yes. Our reports are CPR-compliant, meet the requirements of the Mental Capacity Act 2005, and are regularly accepted by solicitors, the Court of Protection, and other legal professionals across England and Wales.
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What happens if someone is found to lack capacity?If the assessment concludes that the person does not have capacity, the report will explain why in clear terms. This supports deputies, attorneys, or the courts in taking the next appropriate steps under the law.
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Can mental capacity assessments be done online?Yes. We provide secure remote assessments via video call. These are suitable for many types of decisions, though in some cases we may recommend an in-person visit for clarity or comfort.
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What happens during a mental capacity assessment?An assessor will visit the individual—either in person or remotely—to carry out the two-stage test under the Mental Capacity Act. This may include a brief cognitive screening (such as the MoCA) if needed, and a clear conversation tailored to the specific decision.
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When is a mental capacity assessment needed?Mental capacity assessments are commonly required for decisions such as managing finances, creating a will, signing a tenancy agreement, choosing care arrangements, making gifts, or responding to court proceedings.
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What is a mental capacity assessment?A mental capacity assessment determines whether a person can make a specific decision at a specific time. It follows the Mental Capacity Act 2005 and evaluates if someone can understand, retain, use or weigh the information relevant to a decision, and communicate their choice.
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Who can request a mental capacity assessment?Assessments can be requested by solicitors, deputies, local authorities, healthcare professionals, family members, or the Court of Protection. At Nellie Supports, we also accept referrals from private individuals.
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What does a mental capacity assessment cost?Our assessments start from £496 plus VAT, with an additional charge for travel. We’ll always provide a clear quote before any work begins, and our team can advise if a remote or in-person assessment is most suitable.
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Do you assess capacity for specific legal decisions?Absolutely. We assess capacity for decisions such as creating or revoking a Lasting Power of Attorney, managing finances, making gifts, selling property, making a Will, consenting to care or medical treatment, and more.
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What services does Nellie Supports provide?Nellie Supports is an independent social work practice offering specialist support, including mental capacity assessments (to manage finances, property, and welfare), EHCP and SEND appeal support, benefit reviews, care planning, mediation, and tribunal representation.
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What makes Nellie Supports different from other social work services?Our team is comprised of registered and accredited professionals—Social Workers, Chartered Psychologists, Mental Capacity Assessors—trained in financial vulnerability, cognitive assessments, and complex case management. This ensures evidence-based expertise alongside compassionate, person-centred support.
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What areas does Nellie Supports cover?Nellie Supports offers face-to-face assessments throughout England and Wales, as well as remote services nationwide. Wherever you are based, our team can provide tailored support to meet your needs. Get in touch to find out how we can help in your area.availability for in-person support in your area.
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Do you offer remote services?Yes. We offer services both face-to-face (locally in the UK) and remotely via secure video calls or phone, including desktop assessments, virtual mediation support, tribunal representation, and draft reviews.
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How do I book a service or get more information?Simply contact us via phone, email, or the online form. Our client liaison team will arrange an initial consultation to understand your needs and guide you through the next best steps.
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How much does Nellie Supports charge for an EHCP Draft Review?The EHCP Draft Review service starts at £290, enabling you to receive expert feedback and revisions to ensure your draft plan meets statutory criteria ahead of formal submission.
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What are “mental capacity assessments” and when are they needed?Mental capacity assessments evaluate whether someone can understand, make, and communicate their own decisions about finances, property, health, or welfare. They are recommended when there’s doubt about someone’s ability to make decisions, for financial management, legal planning, or safeguarding.
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What is included in a State Benefits Review Service?Our Benefits Review Service analyses your eligibility for social welfare benefits (such as PIP, DWP entitlements), identifying unclaimed support. We provide written recommendations and help you access benefits you may be entitled to, ensuring maximized financial support.
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How can Nellie Supports help with an EHCP appeal?Our team assists at every stage of the EHCP appeal process—from comparing existing plans, drafting evidence, supporting mediation, preparing for tribunal, and attending hearings—ensuring strong, tailored advocacy aligned with your child’s needs.