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What Is a Trustee Capacity Assessment?
Acting as a trustee involves significant legal, financial and fiduciary responsibilities. A trustee capacity assessment evaluates whether an individual has the mental capacity to make complex decisions about trust assets, distributions, investment strategy, and duties owed to beneficiaries.
Under the Mental Capacity Act 2005 and trust law, a trustee must be able to:
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Understand the nature and scope of the trust, their duties, and relevant legal obligations
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Be aware of the trust assets, beneficiaries, and their entitlements
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Use or weigh information about investment, risk, income, and beneficiary interests in making decisions
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Communicate their decisions effectively, including rationales when needed
Because trustees must protect the interests of others and may be held personally accountable, courts, co-trustees, solicitors and beneficiaries often require formal, decision-specific assessments to support or challenge a trustee’s capacity.
When, Where, Who & How Much — Your Trustee Capacity Questions Answered
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When You’ll Need a Trustee Capacity Assessment
You should consider commissioning a trustee capacity assessment when:
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There are concerns that a trustee may no longer understand or manage their legal and financial duties
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A trustee wishes to resign or delegate their role and capacity needs to be evidenced before doing so
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Co-trustees, beneficiaries, or solicitors raise questions about decision-making or judgment
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A trust-related dispute, property transaction, or distribution is pending and independent verification is required
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A court or legal advisor requests a formal capacity report before changes to the trust structure proceed
A clear, independent assessment ensures any decisions or transitions within the trust are lawful, transparent, and protected from challenge.
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Where We Carry Out the Assessment
We conduct trustee capacity assessments throughout England & Wales. Assessments are usually completed in the trustee’s home, solicitor’s office, or another comfortable location. Where appropriate, parts of the assessment may be carried out remotely via secure video link.
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Who Can Conduct It
A trustee capacity assessment must be completed by a suitably qualified and experienced professional, such as:
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Registered social workers trained in the Mental Capacity Act 2005
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Medical doctors (GPs, psychiatrists, consultants)
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Occupational therapists experienced in mental capacity evaluation
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Suitably qualified professionals with backgrounds in psychology, cognition, or decision-making assessment
At Nellie Supports, all assessments are undertaken by full-time, in-house professionals who specialise in capacity law. Each report benefits from multidisciplinary peer review, ensuring consistency, accuracy, and a standard of quality trusted by solicitors and the courts.
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Cost / Pricing
A Capacity to Act as a Trustee Assessment is priced at £496.00 (plus VAT and assessor travel).
This fee includes:
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A structured, face-to-face (or secure video) assessment
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A detailed, MCA 2005–compliant report suitable for legal or court use
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Peer review by our experienced multidisciplinary team
If the matter involves multiple trustees, complex financial structures, or requires additional expert input, we will provide a written quotation in advance. You will always receive a fixed-fee confirmation before work begins.
Decisions involving trusteeship can have lasting legal and financial consequences. At Nellie Supports, we combine legal understanding with professional experience to deliver assessments that stand up to scrutiny - every time.
We don’t just complete the Certificate to Conduct Proceedings — we also provide a full, CPR Part 35–compliant report as standard. This ensures courts and legal teams have both the official form and the detailed analysis needed to defend decisions.
Each report is written in line with the Mental Capacity Act 2005, with clear analysis focused on the trustee’s specific duties and legal obligations. Our evidence is suitable for use by solicitors, co-trustees, and the courts.
Our assessors have extensive experience evaluating complex financial and fiduciary matters. We understand the nuances of acting as a trustee, from investment decisions to beneficiary distributions.
Every assessment is completed by our full-time, in-house professionals — not one-off independents. This ensures reliability, consistency, and access to a broad base of expertise across law, health, and social care.
All reports undergo internal peer review to ensure accuracy, neutrality, and legal defensibility. You can trust that every document submitted will meet the highest professional standards.
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.
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
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Mr P’s solicitor contacted Nellie Supports and received a same-day response from our assessment coordinator.
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A full-time assessor with experience in financial and fiduciary capacity was assigned and an appointment arranged within 72 hours.
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The assessment was carried out in Mr P’s home, using real examples from the trust’s activities to gauge understanding and reasoning.
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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.
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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.
