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Why Property Capacity Assessments Are Crucial
When someone buys, sells or transfers property, the stakes are high - it isn’t just a financial transaction, it often involves their home or significant assets. Because of that, the courts expect a higher threshold of capacity compared to everyday financial decisions.
If capacity is not properly evidenced:
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The transaction might later be challenged or invalidated.
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Vulnerable individuals may be exploited or pressured.
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Solicitors, banks or attorneys may refuse to proceed without solid proof.
A well-constructed, legally compliant assessment gives clarity, confidence, and protection to all parties.
When, Where, Who & How Much — Your Property Capacity Questions Answered
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When Do You Need a Property Capacity Assessment?
You should consider one when:
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A solicitor, bank or conveyancer requires proof before proceeding with a property transaction.
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Questions arise that the person truly understands the financial and long-term consequences of the deal.
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Gifting or transferring property is part of estate planning and concerns are raised.
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There is disagreement in the family about whether someone can validly consent.
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There is risk of undue influence or financial exploitation.
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Who Can Conduct the Assessment?
The assessment must be done by a suitably qualified professional — for example:
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A doctor (GP, psychiatrist, consultant)
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A registered Social Worker
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A health or social care professional trained in mental capacity law
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A Psychologist
At Nellie Supports, all our assessors are MCA-trained and experienced in property decision assessments. Where appropriate, we use validated cognitive tools (like MoCA) to strengthen evidence, and we always establish a clear causal nexus.
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Cost / Pricing
A decision-specific property capacity assessment (for buying, selling or transferring) is priced at £496.00 (exclusive of VAT and assessor travel).
This includes:
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A face-to-face assessment (or suitable alternative)
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A full, MCA 2005–compliant written report
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CPR Part 35–format writing, suitable for legal proceedings
You will always receive a written fee confirmation before we proceed.
At Nellie Supports, your assessor is not working in isolation — they are part of a dedicated, full-time team with years of combined experience in mental capacity law. That means your report benefits from professional peer review, expert guidance, and the assurance that we’ll be here to support you for the long haul.
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Where do we cover?
We provide property capacity assessments across England and Wales. Our multidisciplinary team is fully employed by Nellie Supports, which means you’re working with professionals who do this full time, every day. This not only gives you the benefit of exceptional experience, but also reduces delays — ensuring your assessment is completed promptly and to the highest standard.
When You Need It, Who Can Do It, and What It Costs
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.
Every assessment is written in line with the Mental Capacity Act 2005 and CPR Part 35, peer-reviewed internally, and suitable for immediate use in the Court of Protection or civil proceedings.
Our assessors are not ad hoc or one-off contractors. They are full-time, multidisciplinary professionals, backed by years of combined experience and supported by in-house peer review. That means faster turnaround times, consistency, and long-term reliability.
We deliver assessments across England & Wales, either face-to-face (at home, solicitor’s office, or hospital) or via secure remote appointments where appropriate.
Clear, upfront pricing with no hidden extras. The cost includes both the report and the certificate, so you know exactly what you’re getting from the start.
Our Process – Step by Step
Call Us to Discuss Your Needs
Get in touch with our friendly assessment coordination team. We’ll take some initial background information and answer any immediate questions you may have.
Book a Face-to-Face Appointment
We arrange a convenient time for one of our experienced assessors to meet the individual, either at home or another suitable location. Where appropriate, we use structured tools such as the MoCA alongside interviews to gather robust evidence.
Assessment and Report Writing
Following the assessment, we prepare a detailed report structured in line with the Mental Capacity Act 2005 and compliant with Civil Procedure Rule Part 35. This ensures the report is not only clear and compassionate but also suitable for use in legal proceedings if required.
Report Delivered Within 10–14 Days
Within 10–14 days, you will receive the completed report. It will clearly evidence whether the person has capacity to buy, sell, or transfer property, and will provide the reassurance and legal robustness needed for solicitors, banks, or family members.
Case Study: Selling Property to Move Closer to Family
When Mr K decided to gift his home to his daughter, his solicitor raised concerns about whether he fully understood the financial and long-term consequences of the transfer. The solicitor requested a formal capacity assessment before proceeding, but the GP declined, stating they could not provide specialist property capacity reports. The local authority also confirmed they were unable to support in private conveyancing matters.
With the legal process at a standstill and the family under pressure to resolve the matter quickly, Mr K risked delays and potential additional legal costs.
How Nellie Supports Helped
Mr K’s solicitor contacted Nellie Supports and was connected with our assessment coordinator the same day. Within 48 hours:
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A full-time assessor, experienced in property transactions, was appointed.
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A home visit was arranged, with time taken to explain the implications of gifting property using visual prompts and plain-language scenarios.
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The updated 2024 Functional Test was applied, focusing specifically on the higher-threshold requirements for property decisions.
The completed report was peer-reviewed internally for legal compliance and delivered securely within five working days.
The Outcome
The solicitor received a clear, CPR Part 35–compliant report confirming Mr K’s ability to understand, weigh, and communicate the decision. The transfer went ahead without dispute, and the family was reassured that the transaction was legally valid and protected from future challenge.
Key Takeaway
Property transactions demand a higher threshold of capacity than everyday financial matters. With Nellie Supports, you receive a timely, court-ready report from a full-time, multidisciplinary team — giving clients, families, and solicitors confidence in complex decisions.
Insights from Our Blog
Buying, selling, or transferring property is one of the most significant financial decisions a person can make - and the Mental Capacity Act sets a higher bar for these transactions. On our blog, we share expert insights into how capacity law applies to property decisions, explore recent Court of Protection cases, and provide practical guidance for families and professionals navigating the process.
