Capacity to Grant a Lasting Power of Attorney (LPA)
A Lasting Power of Attorney (LPA) gives someone you trust the legal power to make decisions on your behalf if you lose mental capacity. Before registration, the Office of the Public Guardian requires a power of attorney mental capacity assessment to confirm you have capacity to grant the LPA.
That's where we come in. We conduct thorough, court-ready mental capacity assessments for power of attorney across England and Wales. Whether you're granting an LPA for finances, health and welfare, or both, we'll assess your capacity and provide the report the OPG requires.
We also offer certificate provider services for those who already have their LPA but need an independent witness. And if circumstances change, we can assess your capacity to revoke an existing LPA.
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Power of Attorney Mental Capacity Assessment: What You Need to Know
A Lasting Power of Attorney (LPA) is a legal document that allows you (the donor) to appoint trusted people (attorneys) to make decisions on your behalf if you lose the capacity to do so in the future. It's one of the most important documents you can create.
You can choose when your LPA takes effect. Some people activate it immediately upon registration. Others choose for it to only take effect if they lose mental capacity. Either way, a professional capacity assessment provides clear evidence that you had capacity when you granted the LPA, protecting your document from future challenges and giving your family legal certainty.
The Two Types of LPA:
Property and Financial Affairs LPA
This covers decisions about your money and property. Your attorney can manage bank accounts, pay bills, sell property, manage investments, handle inheritance, and make other financial decisions.
Health and Welfare LPA
This covers decisions about your healthcare and welfare. Your attorney can consent to or refuse medical treatment, decide where you live, arrange social care, and make decisions about your day-to-day care. This only takes effect if you lose capacity.
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When, Where, Who & How Much — Your LPA Capacity Questions Answered
Where Can You Get an LPA Capacity Assessment?
We conduct LPA capacity assessments across England and Wales. Face-to-face, in the location of your choice.
Most assessments happen in people's homes. It's familiar. It's comfortable. It's where you feel safe. We can also meet at a care home, hospital, solicitor's office, or anywhere else that works for you.
Whether you're in London, Manchester, Birmingham, Leeds, Bristol, Cardiff, or anywhere in between, we can reach you. We travel nationwide to conduct your LPA capacity assessment.
Remote LPA Capacity Assessment
If face-to-face isn't possible, we offer remote video assessments via Cliniko, our secure case management software. These are legally compliant and OPG-accepted. We use video when travel isn't practical, you're housebound, or circumstances require it.
However, the OPG requires a good reason for remote assessment, and this must be recorded on your LPA capacity assessment report. Acceptable reasons include your preferred method of communication or urgent circumstances. Cost or convenience alone are unlikely to be accepted by the OPG.
No matter where you are in England and Wales, we can complete your LPA capacity assessment face-to-face or remotely.
Who Can Assess Your LPA Capacity?
An LPA capacity assessment must be completed by an appropriate professional with expertise in mental capacity assessment. The Office of the Public Guardian accepts LPA assessments from:
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Medical practitioners (doctors, GPs, psychiatrists)
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Social care professionals (social workers, nurses, occupational therapists, psychologists)
Both are equally valid in the eyes of the OPG. There's no hierarchy. No preference. What matters is expertise in assessing mental capacity under the Mental Capacity Act 2005.
The Reality: Your GP Probably Won't Complete Your LPA Assessment
Most GPs refuse LPA capacity assessments. They're busy. They lack specialist training in mental capacity law. Their practice policies often prohibit completing LPA assessments. Or they simply don't know you well enough to complete a proper mental capacity assessment.
When your GP says no, you need an independent LPA assessor. A qualified professional conducting an LPA capacity assessment is equally valid in the eyes of the OPG.
Why Our Multidisciplinary Team Excels at LPA Capacity Assessment
At Nellie Supports, our LPA capacity assessments are completed by our multidisciplinary team: registered social workers, psychologists, and qualified, experienced health and social care professionals. We specialise in mental capacity assessment. We understand the Mental Capacity Act 2005 inside out. We know exactly what the OPG requires for LPA registration. We assess your specific capacity to understand the LPA document, what it means, and the implications of granting it to your chosen attorney.
We've completed over 6,000 mental capacity assessments. We know what we're doing.
An independent LPA capacity assessment from our qualified multidisciplinary team carries exactly the same weight with the OPG as one from your GP.
When Do You Need an LPA Capacity Assessment?
You need an LPA capacity assessment if you're creating a Lasting Power of Attorney and want to register it with the Office of the Public Guardian.
The OPG requires evidence that you had mental capacity when you granted the LPA. Without a capacity assessment, your LPA application may be rejected, delayed, or requested for additional evidence.
Before You Create Your LPA
If you're thinking about creating an LPA and you're concerned about your capacity, get an assessment done first. It either confirms you have capacity (giving you peace of mind to proceed), or it identifies that you lack capacity (allowing you to explore alternatives like a deputy application).
After You've Created Your LPA
If you've already signed your LPA but haven't registered it with the OPG yet, you'll need a capacity assessment as part of the registration process. The sooner you get this done, the sooner your LPA can be registered.
Timing Matters
There's no strict deadline for LPA capacity assessments like there is for Court of Protection applications. However, the assessment should reflect your current capacity at the time of registration. If significant time has passed since you created your LPA, the OPG may question whether the assessment is still current.
Plan ahead. Don't wait until the last minute. Get your assessment done promptly after creating your LPA, then submit your registration with confidence.
The Assessment Appointment
The appointment itself takes 1-2 hours. We'll meet you in your home, a care home, hospital, or wherever is most comfortable. We'll ask questions, listen carefully, and assess your specific capacity to understand the LPA document, what it means, and the implications of granting it to your chosen attorney.
Get your LPA capacity assessment done promptly after creating your LPA. Don't delay registration.
How Much Does an LPA Capacity Assessment Cost?
We believe in straightforward pricing with no hidden fees.
Capacity to Grant LPA (Finance or Health): £496 plus VAT, delivered within 5-10 days.
Capacity to Grant LPA Dual (Finance and Health): £767 plus VAT, delivered within 5-10 days.
Video Assessment (Remote): £496 plus VAT, delivered within 5-10 days.
Travel Time (if applicable): £40 per hour.
What's Included
Face-to-face or video assessment appointment, completed mental capacity assessment report, digitally signed and delivered electronically (PDF), and post-assessment support.
Payment Terms
Invoice issued upon booking. Payment due before report delivery. We accept bank transfer, credit/debit card, and payment from solicitors' client accounts.
Why Our Pricing Is Fair
Expertise: Our assessors are registered social workers, psychologists, and qualified health and social care professionals with specialist training in mental capacity law and years of practical experience.
Quality: Every LPA capacity assessment is completed thoroughly and OPG-accepted with a 99% acceptance rate.
Speed: 5-10 day turnaround compared to weeks or months waiting for NHS or local authority assessments.
Independence: Our assessments are impartial and objective, not constrained by budget pressures or service backlogs.
Transparency: No hidden fees. What you see is what you pay.
Dual LPA assessment (Finance and Health) in one visit. Two separate reports. One £767 fee. Court-ready compliance
Why Finance & Health LPAs Are Assessed Separately
Although both types of LPA are often applied for at the same time, the law treats Property & Financial Affairs and Health & Welfare LPAs as separate legal instruments. Each requires its own capacity assessment, because the decisions involved are different in nature and complexity.
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Property & Financial Affairs — focuses on the donor’s understanding of financial responsibilities, property ownership, and management of assets.
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Health & Welfare — explores the donor’s ability to understand care choices, medical treatment decisions, and the role of appointed attorneys in safeguarding their wellbeing.
At Nellie Supports, we can assess both LPAs in a single combined visit, reducing stress for the donor and ensuring efficiency. Each assessment is documented separately in a clear, legally robust report, so that the Office of the Public Guardian has the evidence needed to register both instruments.
Why Choose Nellie Supports?
We've completed thousands of LPA capacity assessments. We know exactly what the Office of the Public Guardian expects. Our reports are thorough, compliant, and OPG-accepted with a 99% acceptance rate. Your LPA registration moves forward without delays, rejections, or requests for additional evidence.
Need capacity assessment for both Property and Financial Affairs LPA and Health and Welfare LPA? We assess both in one appointment. Two separate reports. One visit. £767 plus VAT. Less disruption for you. Less stress for your family. Faster registration process.
A professional LPA capacity assessment does more than satisfy the OPG. It protects your wishes if someone challenges your LPA after registration. It reassures your family that you understood what you were doing. It provides legal certainty that you had capacity when you granted the LPA.
Creating an LPA when capacity is uncertain is emotionally difficult. Family members worry. Donors feel pressured. We provide independent, professional assessment that settles the question. If you have capacity, we confirm it. If you lack capacity, we identify it clearly and help you explore alternatives.
Most GPs won't complete LPA capacity assessments. Those who do often take weeks or months. We deliver within 5-10 days. Your solicitor isn't left waiting. Your LPA registration proceeds without delay.
Having a diagnosis like dementia, mental health condition, or learning disability doesn't mean you lack capacity to grant an LPA. Many people with diagnoses have full capacity to make this decision.
Our assessors are experts in supporting people to make their own decisions. We assess your specific capacity to understand the LPA document, what it means, and the implications of granting it to your chosen attorney. We evidence that you've met the legal requirements outlined in the Mental Capacity Act 2005 and relevant case law.
If our assessment identifies that you lack capacity to grant an LPA, it's not the end of the road. We have a solution.
We'll endeavour to ensure we gather enough evidence during the assessment to complete a COP3 Part B form. This means you can start the process of applying for a deputyship at no additional cost.
Regardless of the outcome, you and your family have a way of moving forward. If you have capacity, your LPA is registered. If you lack capacity, the groundwork for a deputyship application is already done.
This approach removes the stress of a second assessment, saves you money, and ensures your affairs are protected either way.
We deliver your LPA capacity assessment report electronically, digitally signed and ready to submit with your OPG registration. No waiting for the post. No wet signature delays. Your assessment is OPG-ready the moment we send it.
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Our Process – Step by Step
Initial enquiry & triage
Contact us by phone, email, or our online form. We’ll confirm whether you require an assessment for Finance, Health, or both, explain the process, and provide a clear written quotation (including VAT and travel if applicable).
Appointment Booking
A suitably qualified and experienced assessor will meet you — at home, in hospital, care setting, or via secure video — to carry out the assessment. The conversation is gentle, decision-specific, and guided by the Mental Capacity Act 2005. If helpful, we may use cognitive screening tools (such as the MoCA) to support our findings.
Report Writing
Your assessor prepares a comprehensive, court-ready report for each LPA decision assessed. All findings are linked directly to the MCA 2005 four-part functional test and clearly document the reasoning behind our professional opinion. Every report is peer-reviewed internally for quality and legal compliance.
Report Despatch
You receive the report securely within 5–10 working days. Minor amendments are free within 14 days, and your assessor remains available to clarify the findings with legal teams, courts or healthcare professionals if required.
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Supporting an LPA Assessment for a Client Living with Dementia
When Mr T, a retired engineer, was recently diagnosed with early-stage dementia, his solicitor advised him to create both Property & Financial Affairs and Health & Welfare LPAs. Some family members were worried that his diagnosis might prevent him from completing the process.
The Challenge
Mr T’s family wanted reassurance that his LPAs would be accepted by the Office of the Public Guardian and not challenged in the future. Without independent evidence of his capacity, there was a risk that the applications could be delayed or disputed.
Our Solution
Nellie Supports arranged an assessment within a week. A specialist assessor visited Mr T at home, adapting communication to his needs and ensuring he felt comfortable. The assessor applied the functional-first test under the MCA 2005, carefully documenting Mr T’s ability to:
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Understand the purpose and effect of each LPA
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Weigh the benefits and risks of appointing attorneys
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Communicate his decisions clearly
The Outcome
A detailed, CPR Part 35–compliant report was delivered within 7 working days. This provided the solicitor with independent, court-ready evidence of Mr T’s capacity. His LPAs were registered without delay, giving his family peace of mind that his wishes would be respected.
Key Takeaway
Even with a diagnosis such as dementia, individuals may still have the capacity to make important decisions. Independent, expert assessment ensures that LPAs are legally valid and protected from challenge.
We also provide mental capacity assessments for other decisions. If you need capacity assessment for managing finances, COP3 Deputyship Assessments or testamentary capacity. Our multidisciplinary team can help. We also offer CHC funding support and social care assessments to support your broader care and financial planning needs. For complex cases requiring expert witness reports or advanced assessment services, we provide comprehensive court-ready support.
Expert Commentary
on LPA Capacity Assessments
Explore our articles on LPA capacity assessments, with practical guidance, common challenges, and expert insights to support families, solicitors, and deputies navigating the Mental Capacity Act 2005.
Lasting Powers of Attorney - Your Frequently Asked Questions
Yes. Having a diagnosis of dementia doesn't automatically mean you lack capacity to grant an LPA. Many people with early or moderate dementia have full capacity to understand the LPA document and make this decision. Our assessors are experts in supporting people with dementia to make their own decisions. We assess your specific capacity to grant the LPA, not your diagnosis.
If you lose capacity before creating an LPA, it's too late. You cannot create an LPA on behalf of someone who lacks capacity. The only alternative is a deputyship application through the Court of Protection, which is more expensive, time-consuming, and requires ongoing court supervision. This is why early LPA planning is crucial. For support with deputyship applications please see our COP3 Assessment page
It's too late when you lack capacity to understand the LPA document and its implications. There's no specific age or diagnosis that determines this. Capacity can change quickly, especially with conditions like dementia or stroke. If you're concerned about capacity, get a professional assessment now. Don't wait.
No. Spouses and partners have no automatic legal rights to manage your finances or make decisions on your behalf, even in long marriages. Banks, building societies, and other institutions will freeze accounts or refuse access without an LPA or deputyship order. Joint accounts may also be restricted. An LPA is essential.
These are two different things. A certificate provider confirms you signed the LPA freely without pressure or coercion. A capacity assessment confirms you have mental capacity to understand the LPA. The certificate provider does NOT assess your capacity.
If there are concerns about your capacity, you need a professional capacity assessment. If we've assessed your capacity and the LPA documents are available on the day of assessment, we can act as certificate provider and witness at no additional cost. If we need to return for a separate certificate provider appointment, we charge our standard certificate provider rates.
Yes. We can complete both assessments in one visit for £767 plus VAT. We produce two separate reports, one for each decision, to meet legal requirements and ensure OPG compliance.
You can't assess this yourself. Capacity must be assessed by a qualified professional using the four-part test under the Mental Capacity Act 2005: can they understand, retain, use/weigh, and communicate the decision? Family members often have concerns, but only a professional assessment can determine capacity. We provide independent, objective assessments.
The OPG requires a completed LPA form, certificate provider signature, and registration fee. If there are concerns about capacity, the OPG may request evidence of capacity at the time of signing. Our capacity assessment reports provide this evidence and have a 99% OPG acceptance rate. Registration typically takes 8-12 weeks.
Yes. An LPA can be challenged on the grounds that you lacked capacity when you signed it. This is why a professional capacity assessment is so important. It provides clear evidence that you had capacity at the time of signing, protecting your LPA from future challenges and giving your family legal certainty.
The appointment itself takes 60-90 minutes, depending on your communication needs and the complexity of the decision. We always work at a pace that's comfortable for you. Your completed report is delivered within 5-10 working days.
Yes. Our reports are fully compliant with the Mental Capacity Act 2005 and OPG standards. We have a 99% acceptance rate with the Office of the Public Guardian and are widely accepted by solicitors across England and Wales.
Our assessors are experts in supporting people to make their own decisions. If we identify that you lack capacity to grant an LPA, we help you explore alternatives, such as applying for a deputyship through the Court of Protection. We will endeavour to gather evidence at the assessment to complete a COP3 Part B, allowing your family to apply for the relevant deputyship order at no additional cost.
Yes. We offer remote video assessments via Cliniko, our secure case management software, for £496 plus VAT. These are legally compliant and OPG-approved. However, the OPG requires a good reason for remote assessment, and this must be recorded on your report. Acceptable reasons include your preferred method of communication or urgent circumstances. Cost or convenience alone are unlikely to be accepted by the OPG.
A full capacity assessment provides a legally robust report that can be used if our assessment is challenged or if required by solicitors to ensure legal compliance. A certificate provider is someone who signs to confirm you understand the LPA document, but no detailed report is provided.
If there are no concerns about your capacity and no health or cognitive issues, a certificate provider service may be a more cost-effective option. However, if there's any doubt about capacity, a full capacity assessment provides the legal protection and evidence you need.
That depends on the Office of the Public Guardian's workload, not our assessment. We deliver your report within 5-10 days, ready to submit with your LPA application. The OPG typically processes applications within 8-12 weeks, though this can vary depending on their current caseload.