Trustee Capacity Assessment | Mental Capacity Act 2005

Expert assessments to determine whether a trustee has the mental capacity to manage trust affairs under the Trustee Act 1925 | Court-ready reports from £496 + VAT

When a trustee develops dementia, cognitive decline, or mental health concerns, questions arise about their ability to continue serving. Our registered social workers conduct thorough mental capacity assessments that provide clarity for families, co-trustees, beneficiaries, and solicitors, helping you understand whether a trustee can retire under Section 36 or requires removal under Section 41.

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Understanding Trusts and Trustees: When Does Capacity Matter?

Before we can assess whether a trustee has the mental capacity to continue in their role, it's important to understand what a trust is, what trustees do, and why capacity is so critical to these responsibilities.

A trust is a legal arrangement where one or more people (the trustees) hold and manage assets on behalf of others (the beneficiaries). Trusts are commonly used for:

Protecting family wealth across generations
Providing for children or vulnerable adults
Managing property or investments on someone's behalf
Inheritance tax planning
Charitable purposes

The person who creates the trust is called the settlor. Once the trust is established, the trustees have a legal duty to manage it according to the trust deed and the law.

What is a Trust?

Trustees have significant legal responsibilities under the Trustee Act 1925 and the Trustee Act 2000. Their duties include:

Managing trust assets (property, investments, money) prudently and in the best interests of beneficiaries
Making decisions about how and when to distribute trust funds
Keeping accurate records of all trust transactions
Acting impartially between different beneficiaries
Seeking professional advice when needed (legal, financial, investment)
Complying with tax obligations and filing returns with HMRC

These responsibilities require a high level of understanding, judgment, and decision-making ability. When a trustee's mental capacity declines, they may no longer be able to fulfil these duties safely or legally.

What Does a Trustee Do?

Concerns about a trustee's mental capacity often arise when:

The trustee has been diagnosed with dementia, Alzheimer's, or cognitive decline
They are showing signs of confusion, memory loss, or poor judgment
Co-trustees or beneficiaries notice unusual or risky financial decisions
The trustee has suffered a stroke, brain injury, or serious mental health episode
There are disputes among beneficiaries about the trustee's ability to act in their best interests
The trustee wishes to retire but there are concerns about whether they understand the implications of stepping down

When Does a Trustee's Capacity Become a Concern?

Under the Mental Capacity Act 2005, a person is assumed to have capacity unless it is proven otherwise. A formal mental capacity assessment provides an objective, evidence-based evaluation of whether the trustee can:

Understand the nature and responsibilities of being a trustee
Retain and weigh information about the trust and its beneficiaries
Communicate their decisions clearly
Understand the consequences of their decisions (or lack of action)

What Legislation is Capacity Assessed Under?

Lady Justice statue representing legal standards for testamentary mental capacity assessments

The Legal Framework: Trustee Act 1925 and Mental Capacity

When a trustee lacks mental capacity, the Trustee Act 1925 provides the legal mechanisms for their retirement or removal. Understanding these provisions is essential for co-trustees, beneficiaries, and solicitors who need to act in the best interests of the trust.

Section 36: Appointing New Trustees When Capacity is Lost

Section 36 of the Trustee Act 1925 allows for the appointment of a new trustee when an existing trustee becomes mentally incapable of acting as a trustee, or wishes to retire or be removed from the role.

This section is the most commonly used provision when a trustee develops dementia, cognitive decline, or other conditions affecting their mental capacity. It allows the trust to continue functioning without court intervention, provided the trust deed permits it and the remaining trustees (or other appointed persons) can act.

Section 36 covers two scenarios:

Voluntary Retirement:

The trustee wishes to step down and understands the implications
A capacity to retire assessment confirms they have capacity to make this decision
The process is straightforward and handled by solicitors
The trustee retains dignity and agency in the decision

Forced Removal:

The trustee lacks capacity and cannot consent to retirement
A capacity assessment provides evidence of incapacity
Co-trustees or beneficiaries invoke Section 36 to remove them
No court proceedings required if the trust deed permits it

Key points:

The trustee does not need to consent to their removal if they lack capacity
A mental capacity assessment provides the evidence needed to invoke Section 36 (whether for voluntary retirement or forced removal)
The process can be handled by solicitors without going to court in most cases

Section 41: Court-Ordered Removal of a Trustee

In more complex or disputed cases, Section 41 of the Trustee Act 1925 gives the court the power to remove a trustee and appoint a replacement. This is typically used when:

The trustee refuses to retire despite lacking capacity
There is conflict among beneficiaries or co-trustees about the trustee's ability to act
The trust deed does not allow for removal under Section 36
The trustee's actions (or inaction) are putting the trust at risk

The court will consider:

Evidence of the trustee's mental capacity (usually a formal assessment)
The welfare of the beneficiaries
The best interests of the trust

A court-ready mental capacity assessment that complies with CPR Part 35 is often required for Section 41 application

Section 54: Mental Capacity Act 2005 and Trustee Powers

Section 54 of the Trustee Act 1925 (as amended) confirms that if a trustee is subject to the Mental Capacity Act 2005, for example, if they have a deputy appointed by the Court of Protection or have granted a Lasting Power of Attorney, their attorney or deputy cannot exercise the trustee's powers on their behalf.

This means:

A trustee who lacks capacity cannot continue to act, even if they have an LPA or deputy
The trustee must retire or be removed under Section 36 or Section 41
A new trustee must be appointed to fulfil the role

This is a common misunderstanding. Families often assume that if their loved one has an LPA, the attorney can step in as trustee. This is not the case. The role of trustee is personal and cannot be delegated.

Trustee Capacity Assessments: Where, Why, When, and How Much

When Should You Arrange an Assessment?

You should consider a trustee capacity assessment when:

The trustee has been diagnosed with dementia, Alzheimer's, or cognitive decline
They are showing signs of confusion, memory loss, or poor judgment
Co-trustees or beneficiaries are concerned about unusual or risky decisions
The trustee has suffered a stroke, brain injury, or mental health episode
There are disputes about the trustee's ability to act in the best interests of beneficiaries
A solicitor has advised that formal evidence of capacity is needed
You need a court-ready report for Section 41 proceedings
The trustee wishes to retire but there are concerns about whether they understand the implications or are acting voluntarily

Why Do You Need a Formal Assessment?

Without a formal mental capacity assessment, it can be difficult to:

Prove that a trustee lacks capacity, especially if they resist retirement
Satisfy solicitors, co-trustees, or the court that action is legally justified
Protect yourself from allegations of acting improperly or prematurely
Provide the evidence needed to invoke Section 36 or apply under Section 41 of the Trustee Act 1925
Confirm that a trustee's decision to retire is voluntary and informed (not the result of confusion, pressure, or incapacity)

A formal assessment provides objective, evidence-based clarity about whether a trustee can continue to fulfil their legal duties under the Trustee Act 1925 and Trustee Act 2000. For retirement decisions, it also ensures the retirement is lawful and beyond challenge.

How Much Does an Assessment Cost?

Important: Capacity to Act and Capacity to Retire Are Two Separate Decisions

These require separate assessments and separate reports. A trustee might have capacity to continue managing the trust but lack capacity to understand retirement, or vice versa. Each decision needs its own evidence-based assessment.

Standard Trustee Capacity Assessment: £496 + VAT

This includes:

Initial consultation
Face-to-face assessment with a registered social worker
Comprehensive written report within 3 to 4 weeks
Evidence-based conclusion and recommendations

If the assessment is needed for court proceedings under Section 41 of the Trustee Act 1925, we provide expert witness reports that meet Civil Procedure Rules Part 35 requirements.

Travel Fee: £40 per hour (for travel outside our local area)

Where Do Our Assessments Take Place?

We conduct face-to-face assessments nationwide across England and Wales. Over 95% of our clients choose face-to-face assessments because they provide the most accurate and thorough evaluation.

Assessments typically take place:

At the trustee's home (most common)
At a solicitor's office
At a neutral location convenient for the trustee

We also offer remote video assessments in exceptional circumstances, with reports delivered within 7 days.

Why Choose Nellie Supports for Your Trustee Capacity Assessment?

With over 10 registered social workers, chartered psychologists, and mental capacity specialists, we're the largest independent provider of mental capacity assessments in the UK. We've conducted thousands of assessments across England and Wales, and we understand the complexities of trustee capacity better than anyone.
If your case goes to court under Section 41 of the Trustee Act 1925, you need a report that meets CPR Part 35 requirements. Our assessments are conducted by registered professionals with extensive experience providing expert witness evidence. We know what the court expects, and we deliver reports that hold up under scrutiny.
Trustee capacity assessments aren't just about cognitive ability. They require a deep understanding of the Trustee Act 1925, the Trustee Act 2000, and the Mental Capacity Act 2005. Our team knows how Section 36, Section 41, and Section 54 work in practice, and we tailor our assessments to provide the evidence you need for the legal pathway you're taking.
We don't work on referral partnerships with solicitors, financial advisers, or local authorities. Our independence means our assessments are objective, evidence-based, and free from conflicts of interest. You can trust that our conclusions are based solely on the facts, not external pressures.
Questioning a trustee's capacity is deeply personal and often distressing for families. Our assessments are conducted with sensitivity, dignity, and respect. We're not there to catch anyone out. We're there to understand the person's abilities and provide clarity in a difficult situation.

Over 95% of our clients choose face-to-face assessments because they value the human connection and thoroughness that comes with meeting in person.
Whether you're in London, Manchester, Birmingham, or rural Lincolnshire, we provide face-to-face assessments across England and Wales. We don't limit our services to a specific region, and we don't charge excessive travel fees. We're here to help, wherever you are.
Our clients include:

Solicitors handling trust disputes and Section 41 applications

Co-trustees concerned about a fellow trustee's declining capacity

Beneficiaries seeking clarity and protection for the trust

Financial advisers and professional deputies who need formal evidence of capacity

Families navigating the difficult decision to remove a loved one from their trustee role

With a 4.9-star rating from over 122 client reviews, we're trusted to handle sensitive, high-stakes assessments with professionalism and care.

Need advice? Speak to our team

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).

Scheduling the Assessment

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.

Report Writing and Peer Review

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.

Delivery of the Report

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.

Capacity to Act vs. Capacity to Retire: Why They're Different Decisions

Capacity is always decision-specific. Assessing whether a trustee can continue managing a trust is not the same as assessing whether they can retire from that role. These are two separate legal decisions requiring two separate assessments.

The distinction is critical because the information a trustee must understand, retain, use, and weigh differs significantly depending on which decision is being made. A trustee might have capacity to continue managing trust assets with support from co-trustees, but lack capacity to understand the implications of stepping down. Conversely, someone might clearly understand they should retire but lack the cognitive ability to manage ongoing trustee responsibilities.

Getting this right protects everyone involved: the trustee, co-trustees, beneficiaries, and the trust itself.

Need advice? Speak to our team

Why the distinction matters:

A trustee might have capacity to continue with support from co-trustees, but lack capacity to understand the implications of stepping down. Conversely, someone experiencing cognitive decline might clearly understand they should retire, but lack the ability to manage complex trustee responsibilities.

What Each Assessment Evaluates

Capacity to Act as a Trustee

Understanding trust structure, assets, and beneficiaries
Ability to make complex financial and investment decisions
Weighing beneficiary interests and legal obligations
Communicating decisions to co-trustees and advisers
Typically 1.5 to 2 hours

Capacity to Retire as a Trustee

Understanding current role and implications of stepping down
Awareness of who will replace them
Recognising that retirement is voluntary and irreversible
Impact on beneficiaries and the trust
Typically 45 minutes to 1 hour

No. Under the Mental Capacity Act 2005, no one can be forced to move into a care home if they have the mental capacity to decide where they live. If someone lacks capacity to make this decision, any move must be made in their best interests, following a lawful best interests process that includes consulting family, considering the person's wishes and feelings, and exploring less restrictive alternatives. A residency capacity assessment establishes whether the person can make the decision themselves, protecting their autonomy and ensuring any placement is legally sound.
Family disagreements about residency are common, especially when safety concerns conflict with a person's wishes. A mental capacity assessment provides independent, objective evidence about whether the individual can make the decision themselves. If capacity is found, their decision stands, even if family members disagree. If capacity is lacking, the assessment report informs the best interests decision-making process, helping families and professionals reach a lawful resolution. In contested cases, our CPR Part 35 compliant reports are accepted by the Court of Protection.
From initial contact to receiving your completed report typically takes 10-14 working days. This includes arranging the assessment visit, conducting the face-to-face assessment (usually 60-90 minutes), writing the report, and peer review by a second qualified professional. For urgent cases, such as hospital discharge deadlines or Court of Protection timescales, we offer expedited service. The assessment itself is never rushed, we take whatever time is needed to ensure the person has every opportunity to demonstrate their capacity.
Yes. Mental capacity is decision-specific and time-specific, meaning it can fluctuate depending on the person's condition, medication, time of day, or stress levels. Someone may have capacity to decide where they live at one point but lose it later due to illness progression, or regain it if their condition improves. If circumstances change significantly, a new assessment may be needed. Our reports clearly document the person's capacity at the time of assessment and note any factors that might affect future capacity.
This is one of the most common and difficult scenarios we assess. Our role is to determine whether the person has the mental capacity to make the decision, not whether we agree with their choice. If someone understands the risks of returning home, can weigh those risks against their wish for independence, and can communicate their decision, they may have capacity, even if professionals consider the choice unwise. If capacity is lacking, safety concerns are considered as part of the best interests decision, but the person's wishes and feelings must still be given significant weight.
A residency capacity assessment must be conducted by a suitably qualified professional with training and experience in the Mental Capacity Act 2005. This typically includes registered social workers, medical doctors, occupational therapists, or psychologists with capacity assessment expertise. At Nellie Supports, all our assessors are full-time, in-house professionals who specialise in mental capacity law. Every assessment is peer-reviewed by a second qualified professional before delivery, ensuring consistency, accuracy, and legal robustness.
Yes. All our residency capacity assessments are written to CPR Part 35 standards, making them suitable for use as expert evidence in Court of Protection proceedings. Our reports include detailed reasoning, clear conclusions, a statement of truth, and comply with all legal requirements for expert witness reports. We regularly provide assessments for contested deputyship applications, best interests disputes, and placement challenges, and our reports are accepted by courts, local authorities, and hospitals across England and Wales.
A residency capacity assessment costs £469 + VAT. This includes the face-to-face assessment visit, a full MCA 2005 compliant report, peer review by a second qualified professional, and any reasonable post-assessment queries or clarifications. Assessor travel time is charged separately at £40 per hour. If your case is particularly complex (for example, multiple location options, extensive liaison with professionals, or contested circumstances), we will provide a written estimate of any additional costs before proceeding. You will always receive written fee confirmation before any work begins.
A capacity assessment determines whether someone can make the decision themselves. A best interests decision is what happens when someone lacks capacity. If our assessment finds the person has capacity, they make the decision, and it must be respected (even if others disagree). If the person lacks capacity, a best interests decision must be made on their behalf, following the MCA 2005 best interests checklist. Our assessment report provides the foundation for either outcome, documenting the person's wishes, feelings, values, and beliefs to inform any best interests process.
The vast majority of residency capacity assessments (over 95%) are conducted face-to-face, as this allows the assessor to observe the person in their current environment, assess non-verbal communication, and build rapport. However, in some circumstances, remote assessment via secure video link may be appropriate, for example if the person is shielding, in a remote location, or specifically requests it. We discuss the most suitable approach during your initial consultation. All remote assessments are conducted via our secure, legally compliant platform and meet the same rigorous standards as face-to-face visits.
If someone refuses to engage with a capacity assessment, this does not automatically mean they lack capacity. Under the Mental Capacity Act 2005, a person is assumed to have capacity unless proven otherwise. Our assessors are trained to explore the reasons for refusal, is it a capacitous decision based on their values and preferences, or does the refusal itself indicate an inability to understand or engage with the decision? We adapt our approach, offer alternative times or locations, and work sensitively to give every opportunity for participation. If meaningful assessment proves impossible despite reasonable adjustments, we document this clearly and advise on next steps, which may include seeking Court of Protection guidance.
Yes. We regularly conduct assessments on hospital wards, particularly when discharge planning is underway and there is disagreement about whether someone can return home safely. Hospital environments can be challenging (noise, unfamiliarity, medication effects), so our assessors take extra care to find a quiet space, assess at the best time of day for the individual, and account for any factors that might temporarily affect capacity. We liaise with ward staff, review medical records, and ensure our assessment reflects the person's baseline capacity, not just their presentation during an acute hospital stay.
We assess capacity for all types of residency decisions, including moving into supported living, sheltered housing, moving in with family members, returning home from hospital or residential care, or remaining in the current home with increased support. The assessment is tailored to the specific decision being made, the level of support available in each setting, and what matters most to the individual. Whether the move involves 24-hour care or independent living with occasional support, we apply the same rigorous MCA 2005 standards.
Having dementia, a learning disability, or any other diagnosis does not automatically mean someone lacks capacity to decide where they live. The Mental Capacity Act is clear that capacity must be assessed for each specific decision, not assumed based on condition or diagnosis. Our assessors have extensive experience working with people with cognitive impairments, communication difficulties, and fluctuating conditions. We use accessible language, visual aids where helpful, and adapt our approach to ensure the person has every support to demonstrate their capacity. Many people with dementia or learning disabilities retain capacity for residency decisions when assessed properly.

Trust webp2.webpAn older couple smiling while walking outdoors, reflecting confidence, reassurance, and the importance of trustee capacity assessments in later life planning.

Case Study: Supporting a Trustee to Continue Safely in Their Role

When Mr P’s co-trustees began to notice signs of memory decline, they grew concerned about his ability to continue making complex investment and distribution decisions for the family trust. Although Mr P remained highly capable in day-to-day life, the other trustees wanted reassurance - and legal clarity - before significant financial changes were made.

Mr P’s solicitor approached his GP for a capacity assessment, but the practice declined, explaining that trustee capacity was beyond their remit. The solicitor needed a court-ready report to protect all parties and ensure that any actions taken would be legally defensible.

How Nellie Supports Helped

Mr P’s solicitor contacted Nellie Supports and received a same-day response from our assessment coordinator.
A full-time assessor with experience in financial and fiduciary capacity was assigned and an appointment arranged within 72 hours.
The assessment was carried out in Mr P’s home, using real examples from the trust’s activities to gauge understanding and reasoning.
The functional test of the Mental Capacity Act was applied, focusing on comprehension of duties, awareness of beneficiaries, and ability to manage conflicts of interest.
A detailed, peer-reviewed report was produced within five working days, providing a clear opinion on Mr P’s ability to continue acting as trustee.

The Outcome
The assessment confirmed that Mr P retained capacity to continue in his role, but recommended periodic reviews due to potential cognitive decline. The trustees were able to proceed with confidence, knowing the decision had been made lawfully and supported by robust evidence.

Key Takeaway
Trustee decisions carry legal and financial consequences that can affect multiple beneficiaries. A clear, independent assessment from Nellie Supports safeguards the trustee and the trust, ensuring all actions are lawful, transparent, and defensible.

Insights from Our Blog

Managing or stepping down from a trusteeship can be complex, especially when questions of capacity arise. On our blog, we share expert insights into fiduciary decision-making, legal updates on the Mental Capacity Act, and guidance for solicitors and co-trustees navigating trust law with confidence.

Check back soon

Once posts are published, you’ll see them here.

Frequently Asked Questions

A trustee capacity assessment is a formal evaluation conducted by a registered social worker to determine whether a trustee has the mental capacity to continue fulfilling their legal duties under the Trustee Act 1925 and Trustee Act 2000. The assessment evaluates whether the trustee can understand, retain, and weigh information about the trust, and communicate their decisions clearly, in accordance with the Mental Capacity Act 2005.
You should consider arranging an assessment when:

The trustee has been diagnosed with dementia, Alzheimer's, or cognitive decline

They are showing signs of confusion, memory loss, or poor judgment

Co-trustees or beneficiaries are concerned about unusual or risky financial decisions

The trustee has suffered a stroke, brain injury, or mental health episode

There are disputes among beneficiaries about the trustee's ability to act

A solicitor has advised that formal evidence of capacity is needed

You need a court-ready report for Section 41 proceedings
It depends on the severity of the dementia and how it affects their ability to understand and manage the trust. The Mental Capacity Act 2005 assumes that a person has capacity unless proven otherwise. A formal capacity assessment evaluates whether the trustee can still understand their responsibilities, retain information about the trust and beneficiaries, weigh the consequences of their decisions, and communicate clearly. Many people in the early stages of dementia retain capacity for some decisions but not others.
Section 36 of the Trustee Act 1925 allows for the appointment of a new trustee when an existing trustee becomes mentally incapable of acting. This is the most commonly used provision when a trustee lacks capacity. It allows the trust to continue functioning without court intervention, provided the trust deed permits it and the remaining trustees (or other appointed persons) can act. A mental capacity assessment provides the evidence needed to invoke Section 36.
Section 41 of the Trustee Act 1925 gives the court the power to remove a trustee and appoint a replacement. This provision is typically used in more complex or disputed cases, such as when the trustee refuses to retire despite lacking capacity, there is conflict among beneficiaries or co-trustees, or the trust deed does not allow for removal under Section 36. A court-ready mental capacity assessment (CPR Part 35 compliant) is often required for Section 41 applications.
A standard trustee capacity assessment costs £496 + VAT. This includes the initial consultation, face-to-face assessment, and a comprehensive written report delivered within 3 to 4 weeks. If you need a court-ready report that complies with CPR Part 35 for Section 41 proceedings, the cost starts from £707 + VAT. We also charge a travel fee of £40 per hour for assessments outside our local area.
The face-to-face assessment typically lasts 60 to 90 minutes. After the assessment, you'll receive a comprehensive written report within 3 to 4 weeks. If you need a faster turnaround, we offer 7-day remote video assessments in exceptional circumstances, though over 95% of our clients choose face-to-face assessments for greater accuracy and thoroughness.
No. If there are reasonable grounds to believe that a trustee lacks capacity, they do not need to consent to the assessment. However, we always approach assessments with sensitivity, dignity, and respect for the individual. Our goal is to conduct a thorough, compassionate evaluation, not to catch anyone out.
If the assessment concludes that the trustee lacks capacity, the report will provide recommendations on next steps. Depending on the circumstances, you may need to:

Invoke Section 36 of the Trustee Act 1925 to retire the trustee and appoint a replacement (your solicitor can handle this)

Apply to the court under Section 41 for the trustee's removal if the situation is disputed or complex

Arrange a follow-up assessment if capacity is fluctuating or borderline

We're happy to discuss the findings and next steps with you, your solicitor, or other professionals involved in the trust.
If the assessment concludes that the trustee has capacity to continue in their role, the report will confirm this. You may choose to:

Take no further action and allow the trustee to continue

Monitor the situation and arrange a follow-up assessment if concerns persist

Discuss the findings with co-trustees, beneficiaries, or your solicitor to determine the best course of action
Yes. Our assessments are conducted by registered social workers with extensive experience providing expert witness evidence. If your case requires a court-ready report for Section 41 proceedings, we provide reports that are fully compliant with CPR Part 35 (Civil Procedure Rules Part 35). Our reports are accepted by the Court of Protection and civil courts across England and Wales.
Yes. We provide face-to-face trustee capacity assessments across England and Wales. We don't limit our services to a specific region, and we're experienced in working with families, solicitors, and co-trustees nationwide. We charge a travel fee of £40 per hour for assessments outside our local area.
A trustee capacity assessment evaluates whether someone has the mental capacity to fulfil the specific legal duties of a trustee under the Trustee Act 1925 and Trustee Act 2000. This includes understanding the trust, managing trust assets, acting in the best interests of beneficiaries, and complying with legal obligations.

A financial capacity assessment (often called a capacity to manage finances assessment) evaluates whether someone can manage their own personal finances, such as paying bills, managing bank accounts, or making financial decisions for themselves. This is often required for Lasting Power of Attorney or Court of Protection deputyship applications.

While there is overlap, the trustee role involves additional responsibilities and a higher threshold of understanding.
Yes. Co-trustees, beneficiaries, solicitors, and family members can all arrange a trustee capacity assessment on behalf of someone else. The trustee does not need to consent if there are reasonable grounds to believe they lack capacity. We'll discuss your concerns during the initial consultation and explain what information we'll need to proceed.
To conduct a thorough assessment, we'll need:

Background information about the trustee and the trust (trust deed, number of beneficiaries, types of assets)

Details of any medical diagnoses or cognitive concerns (if available)

Information from co-trustees, beneficiaries, or family members about specific concerns

Recent trust accounts or correspondence (if available)

We'll discuss what's needed during the initial consultation. You don't need to have everything in place before contacting us.