Property decisions · England and Wales
Capacity to buy, sell or transfer property
Does the person have the mental capacity to decide about this particular property transaction?
Selling a home, buying a property and transferring a share to somebody else involve different choices. We assess the transaction being proposed: what the person owns, what would change and the consequences they need to consider. The written report explains their ability to make that decision.
The assessment does not ask whether the family or assessor thinks the transaction is a good idea. It asks whether the person can make this decision, with the relevant information and support. You receive a written report explaining our opinion and the evidence behind it.
Assessments for families and professional referrers across England and Wales.
Which property decision needs assessment?
A conveyancer may have requested evidence, a move may depend on a sale, or relatives may disagree about a proposed transfer. Please explain the transaction and provide the relevant legal documents. A finding about managing money generally does not automatically answer whether the person can make this property decision.
Selling or buying
We need the property, proposed terms, approximate value and how the sale proceeds or purchase funds will be used. If a move is involved, the person also needs relevant information about what happens afterwards.
Transferring ownership
A transfer might involve payment, a gift, a share of the property or putting it into joint names. These arrangements are not interchangeable. The solicitor should explain the actual legal change and its consequences.
Someone else benefits
Tell us who suggested the transaction and who stands to benefit. We consider relevant evidence of pressure separately from the person’s ability to decide. An assessment cannot certify that undue influence is absent.
What we explore with the person
The relevant information comes from the real proposal and the person’s circumstances, not a general property quiz.
Explaining the decision
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 use explanations, documents and communication support appropriate to the person; we do not require conveyancing expertise.
A report about this transaction
The report identifies the proposal and documents considered, the support provided and the evidence for our opinion. It records limitations and any separate concerns about pressure. A second qualified professional peer reviews the report before secure delivery.
- Which property or share is involved and its approximate value.
- What ownership they would gain, give up or change.
- Who the other party is and what payment or other consideration is proposed.
- Where the purchase funds come from or what will happen to the proceeds.
- Relevant consequences for their home, income, care arrangements and other needs.
- The available alternatives, including postponing or not proceeding.
Arranging the assessment
Explain the proposal
Send a brief description of the transaction, the intended use of the report and the deadline. We clarify which decision needs assessment and any separate court requirements.
Agree the preparation
We confirm the scope, documents, fee and timetable. We discuss communication needs and whether a home visit or remote appointment is suitable.
Meet and report
The assessor discusses the actual proposal with the person and considers the relevant records. The written opinion is peer reviewed and delivered securely. If the evidence is insufficient, the report explains the limitation rather than assuming incapacity.
Documents that make the assessment useful
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 draft contract, transfer or other documents describing the proposal.
- The solicitor’s explanation of the ownership change, important consequences and alternatives.
- Relevant information about the property’s value, purchase funding or intended use of sale proceeds.
- The person’s living arrangements, care needs and financial circumstances where relevant to this decision.
- Relevant medical records, earlier assessments and observations of everyday decision-making.
- The person’s stated intentions, who initiated the proposal and any concerns about pressure.
- Any court directions, requested report format and signing deadline.
Fees and report scope
The standard assessment and written report cost £720 including VAT. Relevant-record review, peer review and secure delivery are included. A COP3 form, court-directed report or a wider package of evidence requires a separate agreed scope and quotation.
Capacity for a property transaction assessment
£720 including VAT
£600 net + £120 VAT
One assessment and written report on the agreed property decision, including relevant-record review, peer review and secure delivery. COP3 forms and wider court evidence 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 property assessments
Does the value of the property decide whether someone has capacity?
No. The assessment must address the information and consequences of the particular transaction. A valuable property or an irreversible commitment is not, by itself, evidence that the person cannot decide.
Can someone with dementia still sell their home?
They may be able to. A diagnosis alone does not settle capacity. We consider the actual sale, available support and the person’s abilities at the relevant time.
Is this the same as deciding where to live?
No. A sale and a residence decision can be closely connected, but they are not automatically the same question. Tell us if both need assessment so we can agree the scope.
Will the report be accepted by the solicitor or Land Registry?
Tell us who needs the report and any requirements before booking. The report supplies capacity evidence; it does not guarantee acceptance, registration or completion of the transaction.
What if the person cannot make the decision?
The report explains the evidence and limitations. The solicitor will need to consider who has lawful authority and whether further steps or a court application are required. The assessment itself does not authorise anyone to sign or transfer the property.
Can you assess a transfer that has already happened?
A question about capacity at an earlier date needs a separately scoped retrospective assessment. A current assessment cannot simply establish what the person could decide in the past.
Sources and related assessments
These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction.