Guides and Resource Directory
This directory brings together Nellie Supports’ mental capacity assessment guides, organised by decision type. It is designed for solicitors, deputies, attorneys, case managers, families and professionals who need clear guidance on decision-specific capacity under the Mental Capacity Act 2005. Use the sections below to find guides on COP3 assessments, LPA capacity, financial capacity, property decisions, testamentary capacity, litigation capacity, retrospective capacity and court-ready mental capacity reports.
How to use this directory
The guides on this page are grouped into topic clusters so you can quickly move to the area most relevant to your needs. Within each cluster, you will find detailed articles answering common questions, explaining key legal and practical issues, and helping you understand what may be required before taking the next step.
Some guides are written for individuals and families who want straightforward explanations. Others are intended to support solicitors, deputies, case managers, healthcare professionals and other practitioners who need clearer technical guidance around assessments, evidence, reporting and decision-making.
What you will find here
Our resource library is designed to make complex subjects easier to follow. Depending on the topic, guides may explain legal tests, practical steps, evidential requirements, common misunderstandings, warning signs of dispute, or the differences between similar processes and services.
As the library grows, this directory will continue to act as the main access point for all guide clusters across the website, making it easier to explore related topics in a structured way rather than searching for pages individually.
Who these guides are for
This directory is intended for a wide audience. That includes people seeking support for themselves or a relative, professionals involved in legal or care-related decision-making, and referrers who want to better understand the issues before arranging formal input.
Because many situations involve overlapping legal, health, care and evidential questions, the guides are written to be informative without losing sight of real-world use. They are intended to support better understanding, not replace decision-specific professional advice where a formal assessment, report or legal opinion is required.
Browse our mental capacity guides
Choose a category below to jump directly to the relevant guide section. Each section brings together related mental capacity assessment guides by decision type, helping families, solicitors, deputies, attorneys and professionals find the right information quickly.
Supreme Court deprivation of liberty ruling and Court of Protection property sale evidence
Why DoLS authorisations are not enough for property sale evidence
Evidence needed to sell property where care residence and capacity are disputed
Deputy attorney and trustee evidence duties in Court of Protection property sale cases
Court of Protection property sale evidence checklist for deputies and attorneys
Additonal Support for Deputies and Attorneys
What is capacity to manage finances?
Everyday money decisions versus complex financial decisions
Questions asked in a financial capacity assessment
Capacity to manage bank accounts, bills and savings
Evidence that supports a financial capacity report
Mental Capacity Assessment to Manage Finances
What is capacity to act as a trustee?
What duties must a trustee understand?
Trustee capacity where property or land is being sold
Conflicts, risk and undue influence in trustee capacity cases
Evidence needed for a trustee capacity report
Capacity to Act as a Trustee
What is capacity to buy, sell or transfer property?
What must someone understand in a property transaction?
Capacity assessments for conveyancing transactions
Red flags in property capacity cases
Evidence needed for a property capacity report
Mental Capacity Assessment to Buy, Sell or Transfer Property
What is a PA14 probate mental capacity assessment?
Who can complete a PA14 medical certificate?
Mental capacity and applying for a Grant of Representation
PA14 evidence where property and affairs capacity is in question
PA14, deputyship and Court of Protection: how they connect
PA14 Probate Mental Capacity Assessment
What is a COP3 form?
Who can complete a COP3 assessment?
What decisions can a COP3 cover?
Common reasons COP3 forms are rejected or questioned
What happens after a COP3 is completed?
COP3 Mental Capacity Assessment
What is capacity to grant a lasting power of attorney?
What information must someone understand to make an LPA?
Who can assess capacity for an LPA?
Borderline or fluctuating capacity when making an LPA
LPA capacity assessments for solicitors and families
Mental Capacity Assessment to Grant Lasting Power of Attorney
What is capacity to conduct proceedings?
Relevant information for litigation capacity
Protected parties and litigation friends explained
Evidence needed for a litigation capacity report
Court-ready capacity to litigate assessments
Mental Capacity to Litigate Assessment
When is an enhanced mental capacity assessment needed?
Complex, high-value and contested capacity decisions
Undue influence and coercion in capacity assessments
Assessing multiple decisions in one capacity instruction
How enhanced reports support court and solicitor scrutiny
Enhanced Mental Capacity Assessment
Who can assess mental capacity?
What makes a mental capacity assessor suitably qualified?
Independence and conflicts of interest in capacity assessments
Remote versus face-to-face mental capacity assessments
How to instruct a mental capacity assessor
Mental Capacity Assessor
What is a retrospective mental capacity assessment?
Evidence needed for a retrospective capacity opinion
Assessing capacity at a historical date
Retrospective capacity in disputed transactions and wills
Limits of retrospective mental capacity evidence
Retrospective Mental Capacity Assessment
What is capacity to decide where to live?
Relevant information for residence capacity
Residence capacity versus care capacity
Risk, restrictions and deprivation of liberty in residence decisions
Evidence needed for a residence capacity report
Capacity for Residence
What is testamentary capacity?
Banks v Goodfellow and the test for making a will
Testamentary capacity versus statutory will applications
Solicitor instructions and evidence in will capacity assessments
Retrospective testamentary capacity and disputed wills
Testamentary Capacity Assessment
What is a critical review of a mental capacity assessment?
Common flaws in mental capacity reports
How solicitors should challenge a capacity report
CPR Part 35 and expert evidence in capacity disputes
What a litigation-ready capacity review should include
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