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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
If you need evidence that someone has the mental capacity to make a Lasting Power of Attorney, the quality of the assessment matters. The question is not whether the person has a diagnosis, needs help in daily life, or appears vulnerable in general. The question is whether they can make this specific legal decision at the time it needs to be made.
At Nellie Supports, we provide independent mental capacity assessments for Property and Financial Affairs LPAs, Health and Welfare LPAs, and dual LPA instructions across England and Wales. Our assessments are therapeutic in approach, evidence-based in reporting, and focused on the exact decision the donor is making.
Unlike many providers, our assessments include a CPR Part 35-compliant report as standard. That means the report is structured to a level suitable for legal scrutiny, not just informal reassurance. Where needed, our reports go beyond the basic Mental Capacity Act test and address the wider evidential issues that often matter in LPA cases, including vulnerability, undue pressure, communication of the purpose of the visit, and the steps taken to support decision-making.
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6,000+ Mental Capacity Assessments Completed
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Nationwide Coverage Across England & Wales
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What’s Included as Standard
Every Nellie Supports LPA capacity assessment includes the full assessment process that underpins our standard mental capacity work, adapted specifically for Lasting Power of Attorney decisions.
Home Visit or Video Call
We arrange either a home visit or video assessment, depending on what is most appropriate for the donor and the circumstances.
Certificate Provider and Witness on the Day, 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. This can make the process quicker, simpler and more efficient by avoiding the need for a separate follow-up appointment.
Decision-Specific Mental Capacity Assessment
Every assessment is carried out in a calm, respectful and professional way, with the donor’s needs, presentation and communication style taken into account throughout. The assessment focuses on the exact LPA decision being made, rather than giving a general view of capacity, and is completed in line with the Mental Capacity Act 2005.
Montreal Cognitive Assessment
Where appropriate, we include a Montreal Cognitive Assessment as part of the supporting evidence. This can be particularly helpful where there is no formal diagnosis, but there is evidence of cognitive difficulty that may be relevant to the assessment.
CPR Part 35-Compliant Report as Standard
Our reports are CPR Part 35-compliant as standard. This matters because if a capacity report is later relied on in court proceedings, a vague or poorly structured report may carry less weight, prompt further questions, or require additional expert evidence.
Our reports go beyond a brief opinion on whether the person can understand, retain, use or weigh information. They are structured to show how the conclusion has been reached, setting out the background facts, the relevant decision, the evidence relied upon, the support offered, the reasoning process, and the professional basis for the opinion.
This includes clear consideration of the practical steps taken to support the person to make the decision for themselves. Where relevant, our reports also address wider legal and evidential issues often seen in contested or sensitive capacity work, including vulnerability, undue influence, communication of the purpose of the visit, and the risks that arise when an assessment is too brief or superficial.
Capacity to Grant Lasting Power of Attorney Fees and Timescales
Single Lasting Power of Attorney Assessment
Both Lasting Power of Attorney Assessment (finance and health)
Travel time, where applicable
£600.00
£900.00
£40.00 per hour
5 to 10 Working Days
Please note that VAT and travel charges are not included in the prices shown. If timing is important, please let us know at the enquiry stage and we will advise on the earliest available appointment and quickest turnaround.
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What happens during the assessment
We understand that many people feel anxious about mental capacity assessments, especially where important legal planning decisions are involved. Our aim is to make the process calm, respectful and supportive while still ensuring the assessment remains clear, robust and suitable for legal use.
An LPA capacity assessment will usually involve:
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confirming whether the assessment relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both
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reviewing the relevant background information
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explaining the purpose of the assessment in a way appropriate to the person’s circumstances
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supporting the donor to make the decision for themselves wherever possible, in line with the principles of the Mental Capacity Act 2005
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giving the donor the relevant information in the most suitable format for them, so they have the best possible opportunity to understand, consider and make the decision for themselves
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meeting the donor face to face, or remotely where appropriate
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assessing whether they can understand, retain, use or weigh the relevant information, and communicate their decision
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considering whether there is evidence of an impairment or disturbance in the functioning of the mind or brain
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preparing a clear written report setting out the reasoning and conclusion
Where appropriate, our assessors can also complete additional cognitive screening using the Montreal Cognitive Assessment at no extra cost.
Documents and information to prepare
To complete an LPA capacity assessment properly, it helps to gather the relevant background information before the appointment.
This may include:
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the draft LPA, if it has already been prepared
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confirmation of whether the assessment relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both
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any relevant medical records, discharge summaries, diagnoses or GP information where available
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details of the donor’s current care arrangements and living situation
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any previous mental capacity assessments
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contact details for the solicitor, family member or other professional involved
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information about communication needs, interpreters, advocates, or other support that may help the donor engage
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any known concerns about undue influence, family dispute, or disagreement about the donor’s decision-making
The more clearly the decision is identified at the outset, the easier it is to make sure the assessment is properly targeted and the final report is fit for purpose.
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.
What happens if the person lacks capacity?
If the assessment concludes that the person lacks capacity to grant the relevant Lasting Power of Attorney, they cannot validly make that LPA.
Where possible, we will always seek to gather enough information during the assessment to complete a COP3 (Part B) form as well, so that the family can then apply to the Court of Protection for deputyship if needed. If all necessary information can be obtained on the day, we will provide COP3 Part B at no additional cost.
This means that, wherever possible, the appointment still gives the family a clear route forward. Rather than being left with a dead end, they leave with formal evidence of the outcome and, where appropriate, the next step already in place.
The report does not itself appoint a deputy, but it can provide the evidence needed to support a deputyship application where an LPA is no longer possible.
Who this assessment is for
Our LPA capacity assessment service is for individuals who want to put a Lasting Power of Attorney in place and need independent evidence of capacity, as well as for families, solicitors and professionals supporting that process. It can be used for a Property and Financial Affairs LPA, a Health and Welfare LPA, or both.
We are often instructed where there is dementia, memory loss, cognitive decline, brain injury, fluctuating presentation, mental illness, or another factor that raises doubt about whether the donor can make the decision at the time the LPA is being made. We are also regularly asked to assess capacity where there is concern about future challenge, family disagreement, vulnerability, or possible undue influence.
Whether the instruction comes from the donor, a relative, a solicitor or another professional, the purpose is the same: to provide a clear, decision-specific assessment and a properly reasoned report on whether the donor can validly grant the LPA.
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 Lasting Power of Attorney for finances, 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, fluctuating presentation, or any other condition that may affect decision-making. It may also be needed where a solicitor, family member or other professional wants clearer evidence before the LPA is signed, or where there is concern about future challenge, family disagreement, or possible undue influence.
Many people seek an LPA capacity assessment after a GP has declined to assist, or where waiting for statutory services would create unnecessary delay. A clear, decision-specific assessment helps families and professionals move forward with greater confidence and, where the donor lacks capacity, can also help identify the next legal step.
What is a mental capacity assessment to grant an LPA?
A mental capacity assessment to grant a Lasting Power of Attorney is a structured assessment of whether a person can make the specific decision to appoint attorneys for themselves. It is not a general opinion about whether someone has capacity overall. It is a decision-specific assessment focused on whether the donor can validly make the LPA.
For a Property and Financial Affairs LPA, the assessment considers whether the donor can understand the nature and effect of giving another person authority to deal with financial matters. For a Health and Welfare LPA, the assessment considers whether they can understand the nature and effect of giving another person authority to make health and care decisions if they later lose capacity.
A strong LPA capacity assessment does more than state a conclusion. It shows what decision was assessed, what information was relevant to that decision, what support was given to help the donor make the decision for themselves, and how the final opinion was reached.
The legal test for an LPA capacity assessment
An LPA capacity assessment must apply the Mental Capacity Act 2005 to the specific decision to grant the Lasting Power of Attorney. The question is not whether the person has a diagnosis, needs support in daily life, or appears vulnerable in general. The question is whether, at the time the decision needs to be made, they are able to make that particular decision for themselves.
In practice, this means considering whether the donor can understand, retain, use or weigh, and communicate the information relevant to making the LPA. That relevant information will usually include what a Lasting Power of Attorney is, that legal authority is being given to another person, who is being appointed, what decisions that person may be able to make, when those powers may be used, and the risks and consequences of granting that authority.
A proper assessment must therefore go beyond a simple label or diagnosis. It must consider whether the donor can understand the nature and effect of the LPA, weigh the benefits and risks of appointing the proposed attorney or attorneys, and make a clear decision for themselves.
What information must the donor understand?
To grant a Lasting Power of Attorney, the donor must be able to understand the information relevant to that specific decision. This is not limited to the basic fact that they are signing a legal document. It includes the practical meaning and consequences of giving another person legal authority to make decisions on their behalf.
For a Property and Financial Affairs LPA, this will usually include understanding that the attorney may be able to deal with bank accounts, bills, savings, investments, property, and other financial matters. For a Health and Welfare LPA, it will usually include understanding that the attorney may be able to make decisions about care, treatment, living arrangements, and other health and welfare matters if the donor later loses capacity.
The donor must also be able to understand the significance of who is being appointed, the scope of the authority being given, when that authority may be used, and the potential risks if the wrong person is chosen. That is why an LPA capacity assessment must be decision-specific, carefully reasoned, and tailored to the donor’s actual circumstances.
Why decision-specific evidence matters
Capacity to grant a Lasting Power of Attorney cannot be assessed in general terms. The issue is not whether the donor appears vulnerable, has a diagnosis, or needs support in other areas of life. The issue is whether they can make this specific decision, about this specific document, at the time it needs to be made.
That is why a strong LPA capacity assessment must identify the relevant information for the particular LPA in question, support the donor to engage with that information properly, and explain clearly how the conclusion has been reached. A brief or generic opinion is far less helpful than a report that shows what the donor was required to understand, what support was offered, and how they responded to the decision itself.
For families, solicitors and other professionals, that decision-specific approach provides clearer evidence, reduces uncertainty, and helps protect the validity of the LPA if it is later questioned.
Our therapeutic assessment approach
At Nellie Supports, our assessments are therapeutic in approach. That does not mean the legal test is diluted. It means the assessment is carried out in a way that supports the person to take part as fully as possible, reduces unnecessary distress, and gives them the best possible opportunity to make the decision for themselves.
In practice, this means we adapt our communication to the individual, present information in the most suitable format for them, allow time, reduce pressure where possible, and take a calm, respectful approach throughout. This reflects the principles of the Mental Capacity Act 2005, which require that a person is presumed to have capacity and must not be treated as unable to make a decision unless all practicable steps have been taken to help them do so without success.
The assessment interview is therefore supportive and person-centred, while the written report remains clear, structured and legally robust. This combination helps ensure that the process is fair to the donor, while still producing evidence that families, solicitors and professionals can rely on.
Common LPA Capacity Questions
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.
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 vice versa, depending on whether they can understand and weigh the information relevant to that particular decision.
If the donor lacks capacity to grant the LPA, they cannot validly make it. Where possible, we will always seek to gather enough information during the appointment to complete COP3 Part B as well, so that the family can apply for deputyship if needed.
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.
Why families, solicitors and deputies choose Nellie Supports
Choosing the right professional to complete an LPA capacity assessment matters. The quality of the reasoning, the clarity of the report, and the way the evidence is structured can directly affect how confidently the LPA can proceed and how well the evidence stands up if it is later questioned.
At Nellie Supports:
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our LPA capacity assessments are prepared with clear reasoning linked to the Mental Capacity Act 2005 and the specific Lasting Power of Attorney being assessed
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our assessment interviews are therapeutic in approach, while our reports remain evidence-based, legally robust and CPR Part 35-compliant as standard
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all assessors are accredited Montreal Cognitive Assessment practitioners
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additional MoCA cognitive screening can be used where appropriate at no extra cost
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all assessments are completed by permanent full-time members of the Nellie Supports team, not ad hoc associates
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because this is their full-time role, our assessors bring regular, practical experience rather than occasional case exposure
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every assessment is decision-specific and clearly reasoned
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every case is peer reviewed by a second qualified professional
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completed documentation is delivered securely, with clear communication throughout
Whether the issue is urgency, GP refusal, complexity, family concern, or uncertainty about whether the donor can validly grant the LPA, our role is to make the process clearer, stronger and more dependable from the outset.
Our Capacity to Grant LPA Assessment Process
We keep the process clear, efficient and decision-specific from the outset. Whether you are a family member, solicitor or other professional, we guide you through each stage carefully, from confirming the correct Lasting Power of Attorney to be assessed, to arranging the appointment, preparing the report, and helping you move forward with confidence.
Initial enquiry and triage
Contact us by phone, email or through our website form. We gather the key details, explain how the assessment process works, and confirm whether the assessment relates to a Property and Financial Affairs LPA, a Health and Welfare LPA, or both.
Quotation and booking
Once we understand the scope of the assessment, we provide a clear quotation, including VAT and any applicable travel costs. If you would like to proceed, we arrange a suitable appointment as quickly as possible.
Assessment appointment
A qualified assessor meets the donor face to face, or remotely where appropriate, and carries out a decision-specific mental capacity assessment. Where possible, we will also support the donor to make the decision for themselves in line with the principles of the Mental Capacity Act 2005, including presenting the relevant information in the most suitable format for them.
Report preparation and peer review
The findings are written up clearly and reviewed by a second qualified professional for quality and consistency. 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. Where needed, we can also deal with reasonable minor amendments and provide clarification after delivery.
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Frequently Asked Questions
That is something we take into account when planning the appointment. Where possible, assessments should take place at the time of day when the donor is usually at their best, so they have the best possible opportunity to engage with the decision.
Sometimes, but not always. It depends on what is most appropriate in the circumstances. Part of a proper assessment is making sure the donor can speak freely and is not being influenced, so there will usually need to be at least some time speaking with them directly.
That is an important part of the assessment. If there are concerns that the donor may be under pressure, being coached, or is vulnerable to influence, this must be considered carefully. A valid LPA requires not only capacity, but a decision made freely.
Yes. We can assess donors in their own home, in a care home, in hospital, at a solicitor’s office, or remotely where appropriate. The setting should support the donor to engage with the decision as fully as possible.
Yes. A proper report should not simply state the outcome. It should explain the decision being assessed, the information that was relevant, the support given, the evidence relied upon, and the reasoning behind the final opinion.
We also provide mental capacity assessments for other decisions.
We also provide mental capacity assessments for a wide range of other decision-specific issues, including managing finances, making a will, deputyship, litigation, property transactions, acting as a trustee, and retrospective capacity. If you need an assessment for a different decision, our multidisciplinary team can help.