Equity release decisions · England and Wales
Capacity for equity release
Does the person have the mental capacity to decide whether to enter into the proposed equity-release arrangement?
An equity-release arrangement can affect a person’s home and finances over many years. We assess whether they can make the decision about the particular proposal, using the product information, the advice they have received and the circumstances that matter to them.
We work with the information supplied by the financial adviser and solicitor. A lifetime mortgage and a home-reversion arrangement do not work in the same way, so the assessment must explain the particular proposal rather than use a generic description of equity release.
The report gives an independent opinion about capacity. It is not a recommendation to take the product, regulated financial advice or confirmation that a lender will approve it.
Assessments for families and professional referrers across England and Wales.
Why an assessment may be requested
An adviser or solicitor may be concerned about the person’s understanding, or relatives may question how a proposal was reached. We need the actual product and advice documents. A lifetime mortgage and a home-reversion arrangement have different effects; a generic discussion of equity release would not be enough.
The person’s own purpose
We explore why they want to release funds and how they intend to use them. A decision to spend or give away money in a way others dislike is not, on its own, evidence of incapacity.
The actual product
The adviser should identify the arrangement, explain its terms and provide the relevant illustration. The person needs an accessible account of the choices and consequences, not a test of financial terminology.
A possible gift
If some of the money will go to a relative or another person, explain that at the outset. Capacity for the equity-release arrangement and capacity for the proposed gift may need separate assessment.
Making the longer-term consequences understandable
Support with real information
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. Clear illustrations, written reminders and time to discuss figures may help. We do not expect the person to calculate projections unaided.
Pressure is a separate concern
We ask who suggested the arrangement and who would benefit. Concerns about dependency or influence are recorded as relevant evidence, not treated as interchangeable with incapacity or as settled by the report.
An opinion the reader can follow
The report identifies the product and version considered, relevant information, records, support and reasons for the conclusion. It explains uncertainty or limits in the evidence and is peer reviewed before secure delivery.
- How much would be released and what rights or obligations the arrangement creates.
- The charges, interest or ownership changes that apply to this particular product.
- How any balance or other financial obligation may change over time.
- When repayment or other conditions would be triggered, under the actual terms.
- The effect on the person’s remaining assets, future plans and what may be left to others.
- Any relevant implications for benefits or care funding, explained by the appropriate adviser.
- The realistic alternatives and the option not to proceed.
Working with your adviser and solicitor
Describe the proposal
Tell us which product is being considered, who requested the assessment, why capacity is in question and any deadline.
Prepare the information
We agree scope, fee and timetable and identify the documents needed. The adviser’s explanation should address the actual terms and important alternatives.
Meet the person
The assessor discusses the arrangement with the person, using appropriate communication support. We agree whether an in-person or remote appointment is suitable.
Receive the report
The independent written opinion is peer reviewed and delivered securely. It explains what the evidence supports; clarification is available afterwards.
What we need from the proposal
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 current product illustration and the adviser’s explanation of the terms.
- Relevant rates, charges, projections, repayment conditions or proposed ownership changes.
- The property interests affected and the intended use of the released funds.
- Relevant income, outgoings, savings, benefits and future needs, proportionate to the decision.
- Details of who suggested the arrangement and who will receive or benefit from the funds.
- Relevant medical records, previous assessments and communication needs.
- Any lender or solicitor report requirements and the planned transaction date.
Fees and what is included
The standard fee is £720 including VAT for the agreed equity-release capacity assessment and written report. Relevant-record review, peer review and secure delivery are included. Additional decisions, including a separate gift, need their own agreed scope and quotation.
Equity release capacity assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on the agreed equity-release decision, with relevant-record review, peer review and secure delivery. Separate gift decisions and court-specific work are quoted separately.
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.
Questions about this assessment
Does everyone considering equity release need a capacity assessment?
No. A formal assessment is not automatically required for every proposal. If a solicitor or adviser has asked for one, tell us the concern and the question they need answered.
Will you tell us whether the product is suitable?
No. Suitability, product choice and financial advice are matters for the appropriately qualified adviser. Our report addresses capacity for the agreed decision.
Does an unwise financial choice mean the person lacks capacity?
No. People with capacity can make decisions that others consider unwise. We examine how the person understands and weighs the relevant information, with support.
Will the lender accept your report?
We ask for the intended recipient’s requirements before the work is agreed. We cannot guarantee acceptance or approval of the transaction.
What if the person’s abilities fluctuate?
Tell us what affects their participation and when they are usually at their best. The report explains when the opinion applies. A later change in the product, circumstances or abilities may require further consideration.
Can the report authorise an attorney to proceed?
No. Capacity evidence does not establish or enlarge an attorney’s or deputy’s powers. The solicitor must consider the relevant authority and any need for a court application.
Sources and related assessments
These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction.