Mental Capacity Assessment to Buy, Sell, or Transfer Property
A mental capacity assessment for property is a legal evaluation that determines whether someone has the mental capacity to buy, sell, or transfer property under the Mental Capacity Act 2005. If you are a solicitor, family member, or financial adviser who needs to establish capacity for a property transaction, our expert assessments provide the court-ready evidence required by the Court of Protection, Land Registry, and conveyancing solicitors.
Property transactions are among the most complex financial decisions a person can make. The Mental Capacity Act 2005 requires that the person understands the nature of the transaction, the financial implications, the legal consequences of buying or selling property, and can weigh this information to make an informed decision. Our assessments examine all four functional abilities required by the Act: understanding, retaining, using or weighing information, and communicating the decision.
We have completed over 6,000 mental capacity assessments across England and Wales, making us the largest private social work practice in the UK. Our multidisciplinary team of registered social workers and chartered psychologists deliver MCA 2005-compliant reports in 10-14 days. Every report is court-ready and accepted by solicitors, the Court of Protection, and financial institutions nationwide.
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What is a Mental Capacity Assessment for Property?
A mental capacity assessment for property is a formal evaluation conducted by a qualified professional to determine whether someone has the mental capacity to make decisions about buying, selling, or transferring property. These assessments are required when there are concerns that a person may lack the capacity to understand the nature and consequences of a property transaction due to dementia, brain injury, mental health conditions, learning disabilities, or other impairments affecting cognitive function.
Property decisions are legally complex and financially significant. Unlike simpler decisions, the threshold for capacity to buy or sell property is higher because the person must understand multiple layers of information: the current value of the property, the financial implications of the sale or purchase, the legal process involved in transferring ownership, potential tax consequences, and the long-term impact on their financial security and living arrangements.
Under the Mental Capacity Act 2005, capacity is decision-specific and time-specific. This means a person may have capacity to make some decisions but not others, and their capacity can fluctuate depending on their condition, medication, time of day, or external stressors. A person with early-stage dementia might have capacity to manage their day-to-day finances but lack capacity to sell their home. Similarly, someone experiencing a mental health crisis may temporarily lack capacity, but regain it once their condition stabilizes.
Our assessments examine the four functional abilities required by the Mental Capacity Act: can the person understand the information relevant to the property decision, retain that information long enough to make the decision, use or weigh the information as part of their decision-making process, and communicate their decision by any means? We also establish the causative nexus - the direct link between any diagnosed impairment and the inability to make this specific decision.
Solicitors typically request these assessments when acting for elderly clients, clients with diagnosed cognitive impairments, or when family members raise concerns about undue influence or exploitation. The Court of Protection requires a formal capacity assessment before appointing a property and financial affairs deputy, and the Land Registry may request evidence of capacity if a property transaction appears unusual or potentially involves someone who may be vulnerable.
Our reports are accepted by conveyancing solicitors, the Court of Protection, the Land Registry, financial institutions, and family courts across England and Wales.
Every assessment is conducted face-to-face by a registered social worker or chartered psychologist with specialist training in mental capacity assessments. We have completed over 6,000 assessments since 2019, giving us unparalleled experience in this complex area of law.
When someone sells their home, they need to understand what they're giving up and what they're gaining. This means grasping that they will no longer own the property, where they will live after the sale, how much money they will receive, and what will happen to those proceeds.
They must also understand the costs involved, such as estate agent fees, solicitor costs, and potential capital gains tax. Most importantly, they need to comprehend how the sale will affect their long-term security, care funding, and independence. Selling the family home is often irreversible, which is why the threshold for capacity is high.
Common scenarios where capacity to sell is questioned include elderly homeowners with dementia selling to fund residential care, adults with learning disabilities selling inherited property, or vulnerable individuals being pressured by family members to sell below market value or transfer ownership.
If someone lacks capacity to sell, a Court of Protection Deputy or an Attorney under a Lasting Power of Attorney for property and financial affairs can make the decision on their behalf. However, they must act in the person's best interests, and high-value sales may require Court of Protection approval to protect the vulnerable person from exploitation.
Our assessments examine whether the person understands the nature of the sale, the financial implications, where they will live afterwards, and whether they are making the decision freely without undue influence from family members or carers.
The Legal Framework: Mental Capacity Act 2005
All mental capacity assessments for property transactions in England and Wales are governed by the Mental Capacity Act 2005. Following case law (A Local Authority v JB [2021] UKSC 52), modern assessments use a functional-first approach with a two-stage test.
The Two-Stage Test: How Mental Capacity Is Assessed
Following case law (A Local Authority v JB [2021] UKSC 52), modern assessments use a functional-first approach. Here is how it works:
Stage 1: The Functional Test
Can the person do all of the following in relation to the property transaction?
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Understand the relevant information about buying, selling, or transferring the property, including its value, the legal process, and the financial implications
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Retain that information long enough to make the decision (property transactions can take weeks or months)
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Use or weigh the information as part of their decision-making process, considering alternatives, risks, and long-term consequences
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Communicate their decision by any means (speech, writing, sign language, or other methods)
If the answer to all four questions is yes, the person has capacity for that specific property decision. If they struggle with even one element, we move to Stage 2.
Stage 2: The Diagnostic Test
If the person cannot do one or more of the above, is that inability caused by an impairment or disturbance in the functioning of the mind or brain? Conditions affecting capacity for property decisions might include dementia, learning disabilities, acquired brain injury, mental health conditions, delirium, or the effects of medication.
Crucially, the Act requires a causative nexus - a direct link between the impairment and the inability to make this specific property decision. Our assessments examine not just whether an impairment exists, but whether it actually prevents the person from making this particular property decision. Every assessment is conducted in accordance with the Mental Capacity Act 2005 and accepted by solicitors, the Court of Protection, and the Land Registry across England and Wales.
Who, When, Where & How Much: Mental Capacity Assessments for Property
When is a Mental Capacity Assessment for Property Needed?
A mental capacity assessment for property is typically required in the following situations:
When an elderly person with dementia or cognitive decline wishes to sell their home to fund residential care or move into supported accommodation. Solicitors acting for the seller need evidence that their client understands the transaction and is not being pressured by family members or carers.
When someone with a learning disability, acquired brain injury, or mental health condition wants to buy their first property or sell an inherited property. Mortgage lenders and conveyancing solicitors may request evidence of capacity before proceeding with the transaction.
When family members disagree about whether a relative has capacity to sell the family home. One sibling may believe their parent is being exploited or lacks understanding, while another insists the sale is necessary. An independent assessment resolves the dispute with objective, legally defensible evidence.
When the Court of Protection is considering appointing a property and financial affairs deputy. The court requires a formal capacity assessment before granting deputyship powers, which allow someone else to make property decisions on behalf of a person who lacks capacity.
When a property transaction appears unusual or potentially involves undue influence. The Land Registry, banks, or solicitors may request evidence of capacity if the transaction raises concerns, such as selling significantly below market value, transferring property to a new acquaintance, or making decisions that appear inconsistent with the person's previous wishes.
When someone has fluctuating capacity due to conditions such as bipolar disorder, stroke recovery, post-operative delirium, or the effects of medication. The assessment establishes whether capacity is present at the specific time the property decision needs to be made, and whether it might be regained with treatment, support, or time.
Our assessments provide the legal evidence required by solicitors, the Court of Protection, the Land Registry, and financial institutions to proceed with confidence or, if capacity is absent, to explore alternative legal routes such as deputyship applications or best interests decisions under the Mental Capacity Act 2005.
Who Can Conduct Mental Capacity Assessments for Property?
Mental capacity assessments for property transactions must be conducted by qualified professionals with specialist training in the Mental Capacity Act 2005. At Nellie Supports, all assessments are completed by registered social workers or chartered psychologists who are members of professional bodies including the British Association of Social Workers (BASW), the Health and Care Professions Council (HCPC), or the British Psychological Society (BPS).
Our assessors have completed thousands of mental capacity assessments across England and Wales, giving them unparalleled expertise in evaluating capacity for complex property decisions. Unlike general practitioners or solicitors who may conduct informal capacity checks, our assessments are conducted by specialists who understand the legal framework, the functional test, and the evidential requirements of the Court of Protection and conveyancing solicitors.
Every report is reviewed by a senior social worker to ensure it meets the standards required by CPR Part 35 for expert witness evidence. This means our reports are court-ready and legally robust, accepted by solicitors, the Land Registry, financial institutions, and the Court of Protection without the need for amendments or supplementary evidence.
We are the largest private social work practice in the UK, with a full-time multidisciplinary team dedicated exclusively to mental capacity assessments. Unlike sole practitioners or small consultancies, we have the capacity to deliver assessments nationwide within 10-14 days, even during peak demand periods. Our 4.9-star rating from 122+ clients reflects the professionalism, compassion, and legal rigour that families and solicitors rely on when property transactions depend on establishing mental capacity.
Where Do Mental Capacity Assessments for Property Take Place?
Mental capacity assessments for property transactions are conducted at a location that is comfortable, familiar, and conducive to the person demonstrating their abilities. In the vast majority of cases, our assessors travel to the person's home, whether that is their own house, a family member's residence, a care home, or a hospital ward. Conducting assessments in familiar surroundings helps reduce anxiety, allows the person to access personal documents and information that may support their understanding, and provides valuable context about their living situation and support network.
We understand that property decisions are often made during times of stress, illness, or family conflict. By coming to you, we remove the burden of travel and create a more relaxed environment where the person can engage fully with the assessment process. Home-based assessments also allow us to observe the person's daily routines, their ability to manage their environment, and any support they receive from family or carers - all of which can be relevant to understanding their decision-making capacity.
In some circumstances, assessments can be conducted at a solicitor's office, a hospital consultation room, or another neutral location if this is more appropriate. For example, if family members are in dispute about capacity, a neutral venue may be preferable to avoid allegations of undue influence. We work flexibly to accommodate the specific needs of each case, always prioritizing the comfort and dignity of the person being assessed.
We provide nationwide coverage across the whole of England and Wales. Our team of registered social workers and chartered psychologists are based strategically across the country, allowing us to reach clients in urban centers, rural communities, and remote areas. Whether you are in London, Manchester, Cardiff, Newcastle, Cornwall, or the Scottish borders, we can arrange a face-to-face assessment within 10-14 days.
There are no operational or regulatory differences between England and Wales for mental capacity assessments. The Mental Capacity Act 2005 applies equally in both jurisdictions, and our reports are accepted by solicitors, the Court of Protection, the Land Registry, and financial institutions throughout England and Wales without any need for separate assessments or documentation.
We charge a travel fee of £40 per hour for assessments conducted outside our local areas, but there is no distance limit or geographic restriction on where we can assess. We have completed assessments in city apartments, rural farmhouses, coastal care homes, and everything in between. As the largest private social work practice in the UK, we have the resources and national presence to deliver assessments wherever they are needed, without the delays or availability issues that can affect smaller regional providers.
Over 95% of our clients choose face-to-face assessments over remote video assessments, even though we offer a 7-day video option. This reflects the importance of conducting capacity assessments in person, where the assessor can observe non-verbal communication, build rapport, and gather the nuanced evidence that solicitors and the Court of Protection rely on when making decisions about property transactions worth hundreds of thousands of pounds.
How Much Does a Mental Capacity Assessment for Property Cost?
A standard mental capacity assessment for property transactions costs £496 plus VAT. This includes a face-to-face assessment conducted by a registered social worker or chartered psychologist at the person's home or preferred location, a comprehensive court-ready report compliant with the Mental Capacity Act 2005 and CPR Part 35, and delivery within 10-14 days of the assessment.
If the assessment involves dual decisions, such as capacity to sell property and capacity to make a Lasting Power of Attorney for property and financial affairs, the cost is £707 plus VAT. This reflects the additional complexity and assessment time required to evaluate two separate but related decisions.
For retrospective capacity assessments, where we must review historical medical records, social care files, and other documentary evidence to determine whether someone had capacity at a specific point in the past, the cost is £3,245 plus VAT. These assessments are typically required in contested probate cases, disputed property transactions, or insurance litigation where capacity at the time of a historical decision is being challenged.
We charge a travel fee of £40 per hour for assessments conducted outside our local area, though we provide nationwide coverage across England and Wales. Most assessments are completed in a single visit lasting 60-90 minutes, with the remainder of the time spent reviewing medical records, consulting with treating professionals, and preparing the detailed report.
All fees are transparent and agreed in writing before the assessment is booked. We do not charge for initial telephone consultations with solicitors or families, and our reports include unlimited reasonable amendments if solicitors or the Court of Protection request clarifications or additional information after the report is delivered.
With over 6,000 mental capacity assessments completed since 2019 and a 4.9-star rating from 122+ clients, our pricing reflects the expertise, speed, and court-ready quality that solicitors and families depend on when property transactions require formal evidence of mental capacity. We are the largest private social work practice in the UK, and our reputation is built on delivering legally robust assessments that stand up to scrutiny in the Court of Protection and beyond.
By using Nellie Supports, you gain an independent professional Certificate Provider who meets all OPG requirements, reducing the risk of rejection or challenge
Why Choose Nellie Supports for Your Property Capacity Assessment?
We have completed over 6,000 mental capacity assessments since 2019, making us the largest and most experienced private provider in the country. This volume of work means our assessors have encountered every possible scenario, from straightforward cases to complex disputes involving undue influence, fluctuating capacity, and contested Court of Protection proceedings.
Unlike sole practitioners or small regional consultancies, we have a full-time multidisciplinary team of registered social workers and chartered psychologists dedicated exclusively to mental capacity assessments. This means we can deliver assessments nationwide within 10-14 days, even during peak demand periods, without the delays or availability issues that affect smaller providers.
Every assessment is conducted by a registered social worker or chartered psychologist who is a member of professional bodies including the British Association of Social Workers (BASW), the Health and Care Professions Council (HCPC), or the British Psychological Society (BPS). Our assessors have specialist training in the Mental Capacity Act 2005 and years of experience conducting capacity assessments for property, financial, and welfare decisions.
We do not use subcontractors. When you instruct Nellie Supports, you get a qualified professional with the expertise and professional indemnity insurance that solicitors and the Court of Protection require.
Every report we produce is compliant with the Mental Capacity Act 2005 and CPR Part 35 for expert witness evidence. This means our reports meet the evidential standards required by the Court of Protection, conveyancing solicitors, the Land Registry, and financial institutions without the need for amendments or supplementary evidence.
All reports are reviewed by a senior social worker before delivery to ensure they are clearly written, legally robust, and able to withstand scrutiny in contested proceedings. Our assessors are experienced expert witnesses who can attend court if required, though this is rare as our reports are typically accepted without challenge.
We provide face-to-face assessments across the whole of England and Wales, from London to Cornwall, Manchester to Cardiff, Newcastle to rural Lincolnshire. Our team is strategically based across the country, allowing us to reach clients in urban centers, rural communities, and remote areas without the delays or travel costs that affect regional providers.
There are no geographic restrictions on where we can assess, and we deliver the same high-quality service whether you are instructing us for a case in central London or a remote village in Wales. Over 95% of our clients choose face-to-face assessments because they provide the nuanced evidence and rapport that video assessments cannot replicate.
We deliver court-ready reports within 10-14 days of the assessment, significantly faster than many competitors who quote 4-6 weeks or longer. This speed is critical when property transactions are time-sensitive, when families are in crisis, or when Court of Protection deadlines are approaching.
Our fast turnaround does not compromise quality. Every assessment is thorough, every report is reviewed by a senior social worker, and every conclusion is supported by detailed evidence and legal reasoning. We simply have the team size and operational efficiency to deliver quickly without cutting corners.
Our pricing is transparent and agreed in writing before the assessment is booked. A standard mental capacity assessment for property costs £496 plus VAT, with no hidden fees or unexpected charges. We do not charge for initial consultations, and we include unlimited reasonable amendments if solicitors or the Court of Protection request clarifications.
We charge a travel fee of £40 per hour for assessments outside our local areas, but this is clearly communicated upfront so there are no surprises. Our pricing reflects the expertise, speed, and court-ready quality that solicitors and families depend on when property transactions require formal evidence of mental capacity.
We understand that capacity assessments often take place during times of family stress, illness, or conflict. Our assessors are trained not only in the legal framework but in conducting assessments with empathy, dignity, and respect for the person being assessed.
We take the time to build rapport, to explain the process clearly, to adapt our communication style to the person's needs, and to ensure that everyone involved understands the outcome and the next steps. Our elephant branding symbolizes the compassion and family-centered approach that sets us apart from clinical, transactional competitors.
Since 2019, we have worked with hundreds of solicitors, financial advisers, professional deputies, and families across England and Wales. Our reports are accepted by the Court of Protection, conveyancing solicitors, the Land Registry, mortgage lenders, and financial institutions without question.
When a property transaction depends on establishing mental capacity, you need a provider who delivers legally robust evidence, fast turnaround, nationwide coverage, and a reputation for excellence. That provider is Nellie Supports.
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.
What Our Clients Say
Used Nellie Supports to provide a Mental Capacity assessment on a close family member and the assessor was very professional & patient throughout and showed the necessary empathy when things took a difficult turn during the assessment.
Nick Prince
Efficient and well-organised service. The assessor was thorough, professional, empathetic and produced a comprehensive report within 24 hours of the interview. Excellent service all round.
David Laws
The Team at Nellie Supports are always helpful. Always providing advice and information where necessary. Prompt in responding with quotes. I always recommend to others within my organisation.
Ann-Marie (solicitor)
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.
Frequently Asked Questions
These are two completely different decisions with different thresholds of understanding. Capacity to make a Lasting Power of Attorney (LPA) requires understanding that you are appointing someone to make decisions on your behalf if you lose capacity in the future. You need to understand what powers you are giving away, who you are appointing, and that this person could make significant decisions about your finances or welfare.
Capacity to sell property requires understanding the specific transaction: the value of this property, what happens when you sell it, where you will live afterwards, how the money will be used, and the irreversible nature of the sale. Someone might have capacity to make an LPA (a forward-looking, hypothetical decision) but lack capacity to sell their home (an immediate, concrete decision with complex financial implications).
Conversely, someone in the early stages of dementia might understand a straightforward property sale but lack the abstract thinking required to understand the future implications of granting LPA powers. This is why capacity is always decision-specific and must be assessed separately for each decision.
Yes, having a diagnosis of dementia does not automatically mean someone lacks capacity to sell property. The Mental Capacity Act 2005 requires a causative nexus - a direct link between the impairment and the inability to make this specific decision.
Many people in the early stages of dementia retain full capacity to make property decisions. They understand the value of their home, why they want to sell, where they will live afterwards, and the financial implications. The diagnosis alone is not enough to conclude they lack capacity.
However, as dementia progresses, capacity for complex decisions like property transactions is often affected. The person may struggle to retain information about the sale, may not understand the financial consequences, or may be unable to weigh the pros and cons of selling versus staying in their home.
This is why a formal mental capacity assessment is essential. Our assessors examine the person's actual abilities at the time of the decision, not just their diagnosis. We look at whether they can understand, retain, use or weigh the information, and communicate their decision. If they can do all four, they have capacity regardless of their diagnosis.
Capacity can also fluctuate in dementia. Someone might have capacity on a good day when they are well-rested and calm, but lack capacity when they are tired, anxious, or experiencing a period of confusion. Our assessments capture capacity at a specific point in time and can be repeated if circumstances change.
If someone lacks capacity to sell their property, the sale cannot proceed in their name. However, there are legal mechanisms that allow the property to be sold on their behalf if it is in their best interests.
If the person has previously made a Lasting Power of Attorney for property and financial affairs, and that LPA is registered with the Office of the Public Guardian, the appointed Attorney can make the decision to sell the property on their behalf. The Attorney must act in the person's best interests and follow the principles of the Mental Capacity Act 2005.
If there is no LPA in place, a family member or professional can apply to the Court of Protection to be appointed as a Deputy for property and financial affairs. The Deputy has similar powers to an Attorney but is supervised by the court and must seek court approval for significant decisions, including selling property.
For high-value property sales (typically over £100,000), even an Attorney under an LPA may need to seek Court of Protection approval before proceeding, particularly if there are concerns about undue influence or if family members dispute whether the sale is in the person's best interests.
If the property needs to be sold to fund care and no Attorney or Deputy is in place, social services or the NHS may apply to the Court of Protection for a one-off order authorizing the sale. This process can take several months, which is why having an LPA in place before capacity is lost is so important.
Our assessments provide the evidence needed to determine whether an LPA, deputyship application, or Court of Protection order is required. If capacity is lacking, we can advise on the appropriate next steps and provide reports that support deputyship applications or best interests decisions.
The face-to-face assessment itself typically takes 60-90 minutes, depending on the complexity of the property decision and the person's ability to engage. However, the full process from initial contact to report delivery takes 10-14 days.
This timeline includes gathering background information before the assessment, conducting the face-to-face assessment at the person's home or preferred location, consulting with medical professionals or other parties if necessary, preparing the comprehensive report, and having it reviewed by a senior social worker to ensure it meets Court of Protection standards.
We deliver significantly faster than many competitors who quote 4-6 weeks or longer. This speed is critical when property transactions are time-sensitive, when families need urgent clarity, or when Court of Protection deadlines are approaching.
If you need an assessment more urgently, we can sometimes accommodate rush requests depending on assessor availability and geographic location. Contact us on 0333 987 5118 to discuss your timescales.
Yes. Every assessment we conduct is compliant with the Mental Capacity Act 2005 and CPR Part 35 for expert witness evidence. Our reports are accepted by conveyancing solicitors, the Court of Protection, the Land Registry, mortgage lenders, and financial institutions across England and Wales without question.
All our assessors are registered social workers or chartered psychologists with specialist training in mental capacity assessments. Every report is reviewed by a senior social worker before delivery to ensure it meets the evidential standards required by the courts and legal professionals.
We have completed over 6,000 mental capacity assessments since 2019, and our reports are routinely accepted in Court of Protection proceedings, deputyship applications, and contested property transactions. Our assessors are experienced expert witnesses who can attend court if required, though this is rare as our reports are typically accepted without challenge.
If your solicitor has specific requirements or if the Court of Protection requests additional information, we provide unlimited reasonable amendments at no extra cost. We work closely with instructing solicitors to ensure our reports meet their evidential needs and the standards expected by the courts.
A causative nexus is a legal term that means there must be a direct link between an impairment or disturbance in the functioning of the mind or brain and the inability to make a specific decision. Importantly, a formal diagnosis is not required - the impairment could be temporary, undiagnosed, or caused by factors like medication, alcohol, delirium, or acute illness.
In plain English, it is not enough to show that someone has dementia, a learning disability, a mental health condition, or any other impairment - you must also prove that this impairment is the reason they cannot make the property decision. The impairment and the inability to decide must be causally connected.
The Mental Capacity Act 2005 requires this two-stage test to protect people's autonomy and their right to make unwise decisions. Someone with dementia who decides to sell their house to move closer to family might be making a perfectly capacitous decision, even if others think it is unwise. The presence of an impairment alone does not mean they lack capacity.
Our assessments establish the causative nexus by examining whether the person's impairment directly affects their ability to understand, retain, use or weigh information about the property decision, or communicate their choice. If the impairment does not affect these abilities for this specific decision, capacity is present even if the person has a significant impairment or diagnosis.
This principle prevents discrimination against people with disabilities or health conditions and ensures that capacity assessments focus on functional abilities rather than diagnostic labels. You do not need a formal diagnosis to lack capacity, and having a diagnosis does not mean you lack capacity.
Yes. Capacity is time-specific as well as decision-specific. A person's capacity can fluctuate depending on their condition, medication, time of day, stress levels, and external circumstances.
Someone with dementia might have capacity in the morning when they are well-rested but lack capacity in the evening when they are tired and confused. Someone recovering from a stroke might regain capacity as their cognitive function improves with rehabilitation. Someone experiencing a mental health crisis might temporarily lack capacity but regain it once their condition stabilizes with treatment.
This is why mental capacity assessments are always conducted at a specific point in time and relate to a specific decision. If circumstances change, if the property decision becomes more complex, or if the person's condition deteriorates or improves, a new assessment may be needed.
Property transactions can take weeks or months to complete. If there are concerns that capacity might fluctuate or decline during this period, we can conduct follow-up assessments to confirm that capacity remains present at key stages of the transaction, such as when contracts are exchanged or when the sale completes.
Our assessments document not only whether capacity is present or absent at the time of assessment, but also whether capacity is likely to fluctuate, whether it could be regained with treatment or support, and whether the timing of the decision affects the person's ability to demonstrate capacity.
We offer both face-to-face and remote video assessments, but over 95% of our clients choose face-to-face assessments because they provide more robust evidence and a better experience for the person being assessed.
Face-to-face assessments allow the assessor to observe non-verbal communication, build rapport, assess the person's living environment, and gather the nuanced evidence that solicitors and the Court of Protection rely on when making decisions about property transactions worth hundreds of thousands of pounds.
Remote video assessments are available for straightforward cases where the person is comfortable with technology, where travel is genuinely impractical, or where speed is critical. We offer a 7-day turnaround for video assessments. However, video assessments are not suitable for complex cases, contested situations, or where there are concerns about undue influence, as the assessor cannot fully observe the person's environment or who else might be present during the assessment.
For property capacity assessments, we strongly recommend face-to-face assessments conducted at the person's home, care home, or preferred location. This approach provides the most thorough and legally defensible evidence and is the standard expected by the Court of Protection for high-value property decisions.
Before the assessment, we request relevant background information to help our assessor understand the person's medical history, social circumstances, and the context of the property decision. This typically includes:
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Medical records or GP summaries documenting any diagnosed conditions affecting cognitive function, such as dementia, stroke, brain injury, learning disabilities, or mental health conditions.
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Details of the property transaction: the address and value of the property, whether it is a sale or purchase, why the transaction is happening, and where the person will live afterwards (if selling).
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Previous capacity assessments, if any have been conducted for other decisions.
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Information about the person's current living situation, care needs, and support network.
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Contact details for professionals involved in the person's care, such as GPs, psychiatrists, social workers, or care home managers, who can provide collateral information.
Any concerns about undue influence, family disputes, or pressure on the person to make the property decision.
The more information we have in advance, the more thorough and accurate the assessment will be. However, if some information is not available, we can still proceed with the assessment and gather additional information during or after the face-to-face meeting.
If you are a solicitor instructing us, we can discuss specific evidential requirements or Court of Protection standards you need the report to meet.
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A standard mental capacity assessment for property transactions costs £496 plus VAT. This includes a face-to-face assessment conducted by a registered social worker or chartered psychologist, a comprehensive court-ready report compliant with the Mental Capacity Act 2005 and CPR Part 35, and delivery within 10-14 days.
If the assessment involves dual decisions, such as capacity to sell property and capacity to make a Lasting Power of Attorney for property and financial affairs, the cost is £707 plus VAT.
For retrospective capacity assessments, where we must review historical records to determine whether someone had capacity at a specific point in the past (for example, in contested probate or disputed property transactions), the cost is £3,245 plus VAT.
We charge a travel fee of £40 per hour for assessments conducted outside our local areas, though we provide nationwide coverage across England and Wales.
All fees are transparent and agreed in writing before the assessment is booked. We do not charge for initial telephone consultations, and our reports include unlimited reasonable amendments if solicitors or the Court of Protection request clarifications.
The assessment takes place at the person's home, care home, hospital, or another location of their choice. Our assessor will introduce themselves, explain the purpose of the assessment, and ensure the person consents to participate.
The assessor will then explore the person's understanding of the property decision using the four-part functional test required by the Mental Capacity Act 2005. They will discuss the property in question, its value, what will happen if it is sold or purchased, where the person will live, how the proceeds will be used, and any risks or alternatives.
The assessor observes how the person processes information, whether they can retain it long enough to make the decision, whether they can weigh the pros and cons, and whether they can communicate their choice. They also assess whether the person is making the decision freely without undue influence from family members or others.
Throughout the assessment, the assessor adapts their communication style to the person's needs, using visual aids, simplified language, or other support to give the person the best possible opportunity to demonstrate their capacity. The assessment is conducted with dignity, respect, and compassion.
After the face-to-face meeting, the assessor may consult with medical professionals or other parties to gather additional information. They then prepare a comprehensive report setting out the findings and a clear conclusion about whether capacity is present or absent for this specific property decision.
Yes, family members can be present if the person being assessed wants them there and if their presence does not compromise the independence of the assessment. In many cases, having a trusted family member present helps the person feel more comfortable and supported.
However, if there are concerns about undue influence or if family members are in dispute about the property decision, the assessor may need to speak with the person alone to ensure they are expressing their own views rather than being coached or pressured by others.
The assessor will also usually speak separately with family members to gather background information, understand the context of the property decision, and explore any concerns about capacity or undue influence. This collateral information is an important part of the assessment process.
Our assessors are experienced in managing sensitive family dynamics and will handle the assessment in a way that respects everyone's concerns while ensuring the person being assessed has the opportunity to demonstrate their capacity independently.
If someone refuses to participate in a mental capacity assessment, this does not automatically mean they lack capacity. The Mental Capacity Act 2005 protects people's right to refuse assessments, and refusal alone is not evidence of incapacity.
However, if the person cannot explain why they are refusing, if they do not understand what the assessment is for, or if their refusal appears to be influenced by confusion or a lack of understanding rather than a genuine choice, this may be relevant to the capacity assessment.
Our assessors are skilled at building rapport and explaining the assessment process in a way that reduces anxiety and helps people feel comfortable participating. In many cases, initial reluctance can be overcome with patience, clear communication, and reassurance about what the assessment involves.
If the person continues to refuse and there are serious concerns about their capacity and vulnerability, it may be necessary to apply to the Court of Protection for an order authorizing the assessment or for a best interests decision to be made without a formal capacity assessment. Our team can advise on the appropriate next steps in these situations.
Mental capacity assessments are time-specific, meaning they assess capacity at a particular point in time for a particular decision. There is no fixed expiry date, but the assessment remains valid only as long as the person's circumstances and the decision in question remain substantially the same.
If the property transaction is straightforward and completes within a few weeks of the assessment, the report will typically be accepted without the need for reassessment. However, if months pass, if the person's condition changes, if the property decision becomes more complex, or if new concerns arise, a fresh assessment may be needed.
For people with progressive conditions like dementia, capacity can decline over time. If there is a significant delay in the property transaction, solicitors or the Court of Protection may request an updated assessment to confirm that capacity remains present.
If capacity was found to be lacking and a deputyship application or best interests decision is being pursued, the assessment will support that application regardless of how long the legal process takes, as long as the person's condition has not significantly improved in the meantime.
Our team can advise on whether a reassessment is needed based on the specific circumstances of your case.