Lasting powers of attorney · England and Wales
Capacity to make a lasting power of attorney
Does the person have the mental capacity to make this particular lasting power of attorney?
Making a lasting power of attorney means choosing who may make decisions on your behalf and what authority they will hold. We assess the person’s capacity to make the proposed LPA, including their understanding of the appointment and its consequences.
The assessment is about making the LPA now. It is not a prediction that the person will soon lose capacity, and a diagnosis of dementia does not automatically prevent them from making one. We explain our opinion in a written report.
Assessments for families and professional referrers across England and Wales.
One LPA, or both?
Tell us whether the proposed LPA concerns property and financial affairs, health and welfare, or both. We need the intended documents and attorney details. A dementia diagnosis does not automatically prevent someone making an LPA, and an assessment of granting one is different from deciding whether an existing attorney can act.
Choosing the attorneys
We explore who the person wants to appoint, why they have chosen them and the authority they intend to give. Naming someone is only part of the decision.
Making the terms clear
Replacement attorneys, how several attorneys must act, restrictions and preferences may all matter. The assessment uses the intended arrangements rather than an imagined standard LPA.
Two separate decisions
Both types may be considered during one appointment where suitable, but they are not merged into one blanket opinion. The dual service provides separate assessments and reports.
What the person needs to understand
Supporting the person’s own 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 clear explanations, communication aids and a suitable pace, rather than expecting the person to know legal terminology.
Pressure and independence
Tell us if there are concerns about a proposed attorney, someone answering for the person or pressure to sign. Capacity, the person’s freedom to choose and the certificate provider’s responsibilities are related but distinct.
The report
The report identifies the LPA and relevant information, records and support considered. It explains the evidence, reasoning and limitations. A second qualified professional peer reviews it before secure delivery.
- The purpose of the particular LPA and the kinds of decisions it covers.
- Who will act as attorney and any replacement arrangements.
- The powers being given and when they may be used, including the choice about life-sustaining treatment in a health and welfare LPA.
- How multiple attorneys are intended to make decisions.
- Relevant restrictions, preferences and safeguards in the document.
- The consequences of giving this authority, including the scope for decisions on their behalf.
- That the LPA can continue to give attorneys authority if the person later loses capacity, and that the person can revoke it while they have capacity to do so.
Certificate provider and witnessing
A capacity report and the certificate-provider role are not the same thing. If you want certificate-provider or witnessing support, arrange it with us before the visit.
- Completed but unsigned forms must be available for the in-person appointment.
- Capacity must be established for the LPA in question.
- The proposed certificate provider must be eligible and able to satisfy the requirements of that role.
- Any witnessing and signing arrangements must meet the document’s requirements.
Arranging an LPA assessment
Tell us what is being prepared
Explain which LPA type or types are proposed, the concern about capacity and the intended signing date. Say whether you need a report only or also want signing support.
Prepare the appointment
We confirm scope, fee, documents and timing. Tell us about communication needs, fatigue or the time of day when the person is usually best able to take part.
Meet and report
The assessor discusses the proposed LPA with the person and considers the relevant evidence. The report is peer reviewed and sent securely. Any agreed certificate-provider or witnessing work remains conditional on the findings, eligibility and correct documents.
Information to have ready
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 actual draft LPA, including attorneys, replacements, restrictions and preferences.
- Completed unsigned forms if certificate-provider or witnessing support is requested.
- Relevant existing powers of attorney, deputyship orders or other legal arrangements.
- Relevant medical information, earlier assessments and observations of day-to-day decision-making.
- The person’s wishes, relationships with the proposed attorneys and any concerns about pressure.
- Communication needs, variation during the day and the intended signing deadline.
Single and dual assessment fees
One LPA type costs £720 including VAT; both types cost £1,080 including VAT. The dual option includes separate assessments and reports. Relevant-record review, peer review and secure delivery are included. Certificate-provider and witnessing support can be included under the conditions above, agreed before the visit.
Assessment for one LPA type
£720 including VAT
£600 net + £120 VAT
Assessment and written report for one LPA type. Certificate-provider and witnessing arrangements can be included when the conditions below are met.
Assessments for both LPA types
£1,080 including VAT
£900 net + £180 VAT
Separate capacity assessments and reports for property and financial affairs and for health and welfare. Certificate-provider and witnessing arrangements are subject to the same conditions.
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 making an LPA
Can someone with dementia still make an LPA?
They may be able to. The assessment considers the actual LPA, the relevant information and support, and the person’s abilities at that time. A diagnosis alone is not the answer.
Do both LPAs have to be assessed separately?
They are separate decisions with different powers. Where appropriate they may be considered at one appointment, but the dual service provides a separate assessment and report for each.
Can you sign the certificate at a remote assessment?
The included certificate-provider and witnessing arrangements described here require an in-person visit, completed unsigned forms, established capacity and an eligible professional who can meet the role’s requirements. Agree these arrangements before booking.
What if the person cannot make the LPA?
We explain the findings and any limits in the evidence. The assessment does not appoint an attorney or automatically produce a deputyship application. Any further advice, court evidence or different assessment needs its own agreed scope.
Will the assessment guarantee registration?
No. A report provides capacity evidence. Registration and the validity of the LPA depend on other requirements as well; we cannot guarantee acceptance or prevent objections.
Is a certificate-provider-only appointment the same service?
No. It is not a full capacity assessment and report. If capacity concerns arise, further assessment may be needed and may carry an additional agreed fee.
Sources and related assessments
These sources explain the assessment framework. The precise question and any legal or court requirements are agreed for the instruction.