Mental Capacity Assessment
Mental Capacity Assessment to Grant a Lasting Power of Attorney
Clear, decision-specific LPA capacity assessments for families, solicitors and professionals across England and Wales.
An LPA capacity assessment is a decision-specific assessment of whether a person can make the specific decision to grant a Lasting Power of Attorney, applying the Mental Capacity Act 2005. It considers whether the donor can understand and weigh what an LPA is, who is being appointed, the powers being given and when they may be used, for a Property and Financial Affairs LPA, a Health and Welfare LPA, or both.
£600 + VAT
Single LPA, stated before instruction
5 working days
Typical turnaround
England and Wales
Nationwide coverage
CPR Part 35
Court-ready reporting
Nellie Supports is England and Wales' largest identified specialist private social work and mental capacity assessment practice, delivered by a permanent full-time team. Services are provided by employed, multidisciplinary professionals, not an ad hoc associate, contractor or referral-panel model. We have completed over 11,000 formal assessments and reports. This service sits alongside our full range of mental capacity assessment services.
When you may need an LPA capacity assessment
An LPA capacity assessment is usually needed where there is a real question about whether the donor can make the decision to appoint attorneys for themselves. This often arises when a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, is being prepared and independent evidence of capacity is needed.
This commonly happens where there is dementia, memory loss, cognitive decline, brain injury, mental illness or fluctuating presentation. It may also be needed where a solicitor or family member wants clearer evidence before the LPA is signed, where a GP has declined to assist, or where there is concern about future challenge, family disagreement or possible undue influence.
The legal test for an LPA capacity assessment
An LPA capacity assessment applies the Mental Capacity Act 2005 to the specific decision to grant the Lasting Power of Attorney. Applied to that decision, the functional test asks whether the donor can:
Understand the information relevant to making the LPA, including what it is, who is appointed, the powers given and when they may be used
Retain that information long enough to make the decision
Use or weigh that information, including the benefits and risks of appointing the proposed attorney
Communicate their decision by any means
The question is not whether the donor has a diagnosis or needs help in daily life, but whether an impairment affects their ability to make this specific decision at the time it needs to be made. A valid LPA also requires a decision made freely, so where relevant our reports address vulnerability and undue influence alongside capacity.
Framework: Mental Capacity Act 2005 ss 1 to 3; Lasting Powers of Attorney forms LP1F and LP1H; Office of the Public Guardian guidance. Reports prepared to CPR Part 35 standards.
For the framework in full, read our guide: what is capacity to grant an LPA.
Our capacity to grant LPA assessment process
Initial enquiry and triage
We gather the key details, explain how the assessment works, and confirm whether it relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both.
Quotation and booking
Once we understand the scope, we provide a clear quotation including VAT and any travel costs, and arrange a suitable appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the donor face to face or remotely, and carries out a decision-specific assessment, supporting the donor to make the decision for themselves and presenting the relevant information in the most suitable format.
Report preparation and peer review
The findings are written up clearly and reviewed by a second qualified professional. Our reports are evidence-based, legally robust and CPR Part 35 compliant as standard.
Secure delivery
Your completed report is returned securely by email, usually within 5 to 10 working days, with reasonable minor amendments and clarification available after delivery.
Inside a Nellie Supports report
Every report shows what decision was assessed, the relevant information, the support offered and how the conclusion was reached, so it can be understood and relied upon.
Instruction and the specific LPA decision assessed
Documents and records reviewed
Relevant information for making the LPA
Practicable steps taken to support the donor
Assessment findings and observations
Consideration of vulnerability and undue influence
Analysis against the Mental Capacity Act 2005 test and conclusion
Limitations, declarations and COP3 Part B where completed
Capacity to grant LPA fees and timescales
£600 + VAT
VAT at 20% and travel costs are not included. Both LPAs: £900 + VAT.
A home visit or video assessment, whichever suits the donor
Certificate provider and witness on the day where appropriate, at no additional cost
A decision-specific assessment focused on the exact LPA being made
Montreal Cognitive Assessment (MoCA) where appropriate, at no extra cost
A CPR Part 35 compliant report as standard
COP3 Part B completed on the day where capacity is lacking and information allows, at no extra cost
Travel charged at £40.00per hour
A single LPA, or both?
Capacity is assessed separately for each Lasting Power of Attorney, but where both a Property and Financial Affairs LPA and a Health and Welfare LPA are being made, both can usually be assessed in the same appointment.
Single LPA
£600 + VAT
- One Lasting Power of Attorney assessed, either Property and Financial Affairs or Health and Welfare
- Certificate provider and witness on the day where appropriate
- CPR Part 35 compliant report as standard
For a single Property and Financial Affairs or Health and Welfare LPA.
Both LPAs
£900 + VAT
- Both Property and Financial Affairs and Health and Welfare LPAs assessed
- Each decision considered separately in one appointment
- Certificate provider and witness on the day where appropriate
For both LPAs assessed together in one appointment.
A full-time, multidisciplinary team
Nellie Supports is built on an employed, permanent team: registered social workers, a Chartered Psychologist and specialist assessors working together to one standard, with every report peer reviewed by a second qualified professional. Your assessment is never passed to an associate bank or referral panel.
The right professional for the decision
Capacity questions range from care and residence to complex cognition and prognosis. A multidisciplinary team means the discipline is matched to the decision, not to whoever is available.
One consistent standard
The team works together full time, so every assessment follows the same methodology and peer review is built into every report rather than bolted on.
Accountability you can name
Your report is signed by an employed professional who answers for their work, and the practice stands behind it.
Continuity, not hand-offs
The people who take your enquiry, carry out the assessment and review the report all work in one practice, so nothing is lost between stages.
How this works in practice
The situation
A family contacted their solicitor to put a Property and Financial Affairs LPA in place for their mother, who had been diagnosed with early dementia. Her GP had declined to confirm capacity, so the solicitor instructed Nellie Supports for a decision-specific assessment.
The assessment
We met the donor at home, at the time of day she was usually at her best. The assessment was carried out as a calm, supportive conversation, giving her the relevant information about what the LPA was, who she was appointing and what powers it would give, in a format that suited her.
The outcome
With the right support, she understood and could weigh the decision, and the assessment concluded she had capacity to grant the LPA. Because the document was available and she had capacity, we acted as certificate provider and witness at the same appointment, so the family did not need a second visit.
This is an illustrative example, drawn from the common features of the LPA capacity cases we assess. It does not describe any individual client.
Why families, solicitors and deputies choose Nellie Supports
Certificate and witness on the day
Where the donor has capacity and the document is available, we can act as certificate provider and witness at the same appointment, at no extra cost.
CPR Part 35 reports as standard
Structured, legally robust reporting suitable for scrutiny, not just informal reassurance.
A route forward either way
Where capacity is lacking, we complete COP3 Part B on the day where possible, so families are not left at a dead end.
Therapeutic and supportive
The assessment supports the donor to take part as fully as possible, in line with the Mental Capacity Act principles.
Vulnerability and undue influence
A valid LPA needs a free decision, so we address pressure and influence where relevant.
Employed, not outsourced
A permanent full-time team, peer reviewing every report, not an ad hoc panel of associates.
Common LPA capacity questions
Does a diagnosis of dementia mean someone cannot make an LPA?
No. A diagnosis such as dementia does not automatically mean someone lacks capacity to grant a Lasting Power of Attorney. The key question is whether they can make this specific decision at the time it needs to be made.
Can someone make an LPA if they have memory problems?
Yes. Capacity is decision-specific. A person may have capacity to make a Property and Financial Affairs LPA but not a Health and Welfare LPA, or the other way round, depending on whether they can understand and weigh the information relevant to that particular decision.
What happens if the donor lacks capacity to make the LPA?
If the donor lacks capacity to grant the LPA, they cannot validly make it. Where possible, we gather enough information during the appointment to complete COP3 Part B as well, so the family can apply for deputyship if needed.
Can you act as certificate provider and witness too?
Yes, where appropriate. If the LPA document is available at the appointment and the donor is found to have capacity to grant it, we can also act as certificate provider and witness on the same day at no additional cost.
Can the assessment cover both LPAs in one appointment?
Yes. Where both a Property and Financial Affairs LPA and a Health and Welfare LPA are being made, both can usually be assessed in the same appointment. The decisions are considered separately, but it is often possible to deal with both during one visit.
What if there are concerns about undue influence?
That is an important part of the assessment. If there are concerns that the donor may be under pressure or vulnerable to influence, this must be considered carefully. A valid LPA requires not only capacity, but a decision made freely.
What if the assessment does not reach the conclusion we hoped for?
Our assessments are independent, and that independence is what gives the report its value. We do not begin from a preferred answer. We assess the specific decision on its merits and record the reasoning, whatever the conclusion. A report that only ever confirmed what was hoped for would carry no weight with a solicitor, the Court of Protection or anyone else relying on it.
LPA capacity assessment guides
What is capacity to grant an LPA?
The decision, the legal test and the relevant information
What information must someone understand to make an LPA?
What the donor needs to understand and weigh
Who can assess capacity for an LPA?
The professionals involved and what makes an assessment suitable
When should an LPA capacity assessment be done?
The trigger points and practical circumstances
LPA capacity assessments for solicitors and families
Practical guidance for instructing and preparing
Other assessment types
We also provide mental capacity assessments for other decisions. If you need an assessment for managing finances, a Court of Protection COP3 where an LPA is no longer possible, or testamentary capacity, our team can help.
Capacity to Manage Finances
Independent, decision-specific assessment of capacity to manage money, property and financial affairs.
COP3 mental capacity assessment
For Court of Protection deputyship applications.
Testamentary capacity assessment
For making or amending a Will, applying the Banks v Goodfellow test.
Nellie Supports provides independent social work assessment, evidence and advocacy support. We do not provide regulated legal advice, and where a legal remedy is needed we will say so and support your solicitor's work.
Book an LPA capacity assessment
Tell us whether the assessment relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both, and we will confirm the fee and the earliest appointment.
Written by Ben Slater, Founder and Managing Director, Nellie Supports. Read our editorial policy.