# Capacity to Retire as a Trustee | Nellie Supports Source: https://www.nelliesupports.com/services/mental-capacity-assessments/capacity-to-retire-as-a-trustee Canonical: https://www.nelliesupports.com/services/mental-capacity-assessments/capacity-to-retire-as-a-trustee # Capacity to retire as a trustee Deciding to retire as a trustee is different from continuing to manage the trust. We assess whether the person can make the particular retirement decision being proposed, including what would change and the consequences for them and the trust. Does the person have the mental capacity to decide whether to retire from this trusteeship? We assess that proposal: what would change, who would remain or replace them, and the consequences they need to consider. We do not assume retirement is the right outcome because other people want it to happen. Assessments for families and professional referrers across England and Wales. A written report on the agreed capacity question, with evidence, reasoning and limitations. ## Make the retirement proposal concrete A person who struggles with ongoing trustee duties may still be able to decide about retiring. Please provide the trust documents and explain the intended retirement or replacement arrangements. The assessment addresses that choice; it does not itself remove a trustee, appoint a replacement or complete the legal process. ### What responsibilities would change? The solicitor should explain the effect of the proposed retirement and any responsibilities or liabilities that may remain. We do not assume that signing a deed ends every past or future obligation. ### Who would carry on? The person may need relevant information about the remaining or replacement trustees and the arrangements for managing the trust afterwards. ### Who wants the retirement? Tell us who proposed it and why. We hear the person’s own wishes and consider concerns about pressure separately from capacity. An inconvenient refusal does not, by itself, show incapacity. ## The decisions and consequences we explore - The trust and the role from which the person is being asked to retire. - What the proposed deed or arrangement would change. - Relevant continuing responsibilities or consequences explained by the solicitor. - Who would remain or be appointed and how the trust would be managed. - Relevant effects on beneficiaries and transactions already in progress. - The real alternatives and the consequences of proceeding or not proceeding. ### A separate capacity question We start with the presumption of capacity and take all practicable steps to help the person decide. We first consider whether they can understand, retain, use or weigh the relevant information and communicate their decision. If they cannot, we examine whether an impairment of, or disturbance in, the functioning of the mind or brain causes that inability. We do not infer the answer solely from an earlier finding about acting as trustee. ### The person’s reasons We consider why they want to retire or continue, the information available and the support given. A choice others disagree with is not enough to establish incapacity. ### An independent written opinion The report identifies the retirement proposal, records, evidence and reasoning. It explains any limitations and relevant concerns about pressure. A second qualified professional peer reviews the report before secure delivery; it is not a legal retirement document. ## From proposal to assessment evidence ### Explain what is proposed Tell us about the trust, the retirement arrangement, who requested the assessment and any deadline. Mention any existing acting-capacity assessment. ### Agree the questions and documents We confirm whether retirement alone or both acting and retirement need assessment. We agree the fee, timetable, relevant documents and appropriate setting. ### Meet the person The assessor discusses the actual proposal using suitable communication support and considers the relevant records and accounts. ### Receive the report The written opinion is peer reviewed and delivered securely. The solicitor remains responsible for considering the legal process and any further evidence or court requirements. ## What the retirement instruction should include Start with the decision, who needs the report and any deadline. We will explain which documents would help and how to share them securely. Please use the general enquiry form for a short summary; medical, legal and financial records should be sent through the secure route agreed with our team. - The trust deed, relevant amendments and appointment documents. - The draft deed of retirement or a clear solicitor-prepared explanation of the proposal. - The remaining or proposed replacement trustees and who has the power to appoint them. - Relevant assets, pending transactions and consequences for beneficiaries. - Any previous assessment of capacity to act as trustee. - Relevant medical and care records, communication needs and fluctuations in ability. - Correspondence showing the person’s wishes, how retirement was proposed and any concerns about pressure. - The intended recipient, court directions or required forms and deadline. ## Fees for the agreed questions A single retirement-capacity assessment and written report cost £720 including VAT. The combined acting-and-retirement service costs £1,080 including VAT and includes two assessments, two reports and COP3 Part B. These are different scopes, agreed before booking. ### Capacity to retire as trustee assessment £720 including VAT (£600 net; £120 VAT). One assessment and written report on the agreed trustee-retirement decision. Relevant-record review, peer review and secure delivery are included. A separate acting-capacity assessment and COP3 are not automatically included. ### Acting and retiring: combined instruction £1,080 including VAT (£900 net; £180 VAT). Separate assessments of capacity to act as trustee and to retire as trustee, with two reports and COP3 Part B for the agreed instruction. Legal implementation and a wider court application are not included. Mental capacity assessment reports are delivered within five working days of the completed assessment. Appointment dates are arranged through our reception and client liaison team. ### Is your case more complex? The assessment and fee on this page cover our standard service, which is suitable for most instructions. If your case is more complex, high-risk or potentially contested, additional evidence may help. We can advise on the appropriate scope before booking. [Explore Advanced and Enhanced assessments](https://www.nelliesupports.com/services/mental-capacity-assessments/complex-capacity-assessments) All travel is charged separately at £48 per hour including VAT (£40 excluding VAT). We agree the cost of any additional work before it starts. Drafting or serving legal documents, checking all retirement formalities, appointing replacement trustees and court application work are not included. Private clients pay in advance. Professionals and businesses are offered 30-day payment terms. We can arrange interpreters at an additional cost, agreed before booking. ## Questions about retirement capacity ### Can someone lack capacity to act but retain capacity to retire? That is possible because the decisions involve different information and responsibilities. We assess the actual retirement proposal rather than assuming the answer from the person’s ability to continue in the role. ### Does the report complete the retirement? No. It gives capacity evidence. The solicitor must deal with the legal requirements and any deed, appointment or court process. ### What if the person does not want to retire? Disagreement or refusal does not prove incapacity. The assessment considers their ability to decide, with the relevant information and support, rather than whether others approve of their answer. ### What if they cannot make the retirement decision? The report explains the opinion and its evidential limits. The solicitor may need to consider another legal route or a court application. The assessment does not authorise somebody else to sign for them. ### Does retirement erase earlier responsibilities or liability? Do not assume that. The legal effect depends on the trust and the proposed arrangement. The solicitor should explain any continuing responsibilities; our service is a capacity assessment, not advice on liability. ### Do both capacity questions always need assessment? No. Some instructions concern retirement alone, while others need evidence about acting as well. We agree the questions rather than adding a second assessment automatically. ## Sources and related assessments These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction. [Mental Capacity Act 2005: principles](https://www.legislation.gov.uk/ukpga/2005/9/section/1) [Mental Capacity Act Code of Practice](https://www.gov.uk/government/publications/mental-capacity-act-code-of-practice) [Court of Protection Practice Direction 9F: appointing or discharging a trustee (PDF)](https://www.judiciary.uk/wp-content/uploads/2022/09/pd-9f-applications-to-appoint-or-discharge-trustee.pdf) [Our professional standards](https://www.nelliesupports.com/about-nellie-supports/professional-standards) ### Explore the detail [Capacity to act as trustee](https://www.nelliesupports.com/services/mental-capacity-assessments/capacity-to-act-as-a-trustee) [COP3 capacity assessment](https://www.nelliesupports.com/services/mental-capacity-assessments/cop3-mental-capacity-assessment) Content draws on the existing Nellie Supports service page and the sources above. Fees are taken from the service catalogue supplied on 13 October 2026. This trial rewrite has not received new clinical or legal sign-off. --- Nellie Supports Ltd · 0333 987 5118 · nellie@nelliesupports.com Office 11 and 12, Unit 20, Springfield Business Park, Grantham, NG31 7FZ