Mental Capacity

I can complete full and in-depth Mental Capacity Assessments in accordance with Chapter Four of the Mental Capacity Act Code of Practice.   If you have lasting power of attorney for your loved one, the law states that you cannot use this unless the person for whom you have attorneyship is assessed as lacking the capacity to make those decisions.  To achieve this, a formal mental capacity assessment must be done to assess whether your loved one can make those decisions formally.  I know, through experience, that mental capacity is complicated to navigate, so I will be more than happy to discuss this with you and provide you with information. 

For Lasting Power of Attorney (LPOA) activation for either Health and Wellbeing, Finance and Property, the two main specific decisions are,

1) Does P have the capacity to consent to their accommodation for the purpose of receiving care and treatment?

2) Does P have the capacity to manage their finance and property matters in their day-to-day living? 

For deputyship applications, the two main specific decisions are,

1) Does P have the capacity to consent to and manage their Personal Welfare matters?

2) Does P have the capacity to manage their property and financial affairs?

My service includes a total professional mental capacity written assessment.  Time to do the assessment, travel to meet the person being assessed and speak with family, especially those who already hold Lasting Power of Attorney, in those cases who have attorneys. 

In addition to the above, I can also offer the following.

Form COP3 (Required for deputyship applications)

I can complete Form COP3 (Part B) for both deputyship applications.

LPOA Certificate provider

I can certify that you understand the nature of your Lasting Power of Attorney, that you are mentally competent to complete your Lasting Power of Attorney application and that you are choosing your attorneys to represent your future wishes.

 *If you require a specific mental capacity assessment completed, please get in touch. 


 

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