LPA Capacity Assessments

What is an LPA assessment?
A Lasting Power of Attorney (LPA) capacity assessment is completed to assess a person’s capability to appoint and complete LPA paperwork which enables them to appoint an individual or individuals to help or make decisions on their behalf. These decisions are either of property and financial affairs or for health and welfare decisions.

What is included in the LPA assessment?
Our LPA assessments include one visit to the client’s home, an assessment, travel, reading time, competition of the LPA documentation, acting as a witness and certificate provide (providing the client is deemed to have capacity) and a summary report. We are able to complete both types of LPA documentation at the same assessment if required for a discounted rate.

If the LPA documents are not present at the time of the assessment we will produce a summary report for your use. As capacity is time specific we would need to arrange another assessment if we are asked to complete the paperwork at a later date. There would be a small charge for this re-visit.

What case law do you use?
The assessment is covered by the Mental Capacity Act (2005) and the two-stage test.

What information do you need from me?
We need the pre-prepared LPA documents if possible, the name of any proposed attorneys, the type of LPAs being created, details of property and financial affairs or relevant health and welfare information.

Contact us and we will provide a copy of our bespoke referral form which helps lay out what information we need from you.

What happens in the assessment?
Our person-centred assessments take the form of detailed conversations and open questions based on the LPAs. If the LPA documentation is present the assessor will take the client through the form and its various elements, ensuring the appropriate communication methods are used.

In terms of timings we would say to leave an hour or so for the assessment.

Why is an LPA assessment necessary?
LPA documents allow a person to appoint an attorney/s to assist or make decisions on their behalf. Often the issue of an LPA is not discussed until there is a concern regarding a person’s capacity and it is thought that they may benefit from assistance in these areas. A capacity assessment is often required to ensure the client is capable of making these decisions and is not under any duress.

The accompanying summary report we provide can also prove to be a valuable aid if the LPAs are contested at any point.

What happens if the client lacks capacity?
If a person is deemed to lack capacity the assessor will continue the assessment so that they are equipped with enough evidence to complete part B of a CoP3 form if it is required. The CoP3 form can then be used to apply to the Court of Protection to appoint a deputy.

To discuss arranging an LPA capacity assessment with TSF please contact us for further details.