POWERS OF ATTORNEY

Capacity

Expert Powers of Attorney Solicitors

If you’re considering what you would need to have in place to allow your loved ones to help you make decisions if you lost capacity, our team of expert Power of Attorney Solicitors can help to guide you to make the best decisions for your situation. For more information, give us a call on 0330 912 8338.

Discussing mental capacity can be a delicate subject and the thought of losing capacity can be a scary one. However, there are precautions you can take to help make life easier, for both you and your loved ones, should you lose capacity like Lasting Powers of Attorney.

Our expert Powers of Attorney Solicitors can help guide you in your situation and advise you on what the best precautions to take are.

What Capacity Related Services do we provide?

Our Power of Attorney Solicitors frequently help clients with capacity related issues to resolve any obstacles that stand in the way of allowing their family to act for them while they are in that state. Our services include:

  • Approaches to ensure clients have requisite capacity to make Wills;
  • Advising on and carrying out, if necessary, relevant checks to ensure person has capacity and reporting on the same;
  • Advice on the Mental Capacity Act 2005 and the test for capacity where Lasting Powers of Attorney are concerned and giving advice on need for medical practitioner to carry out report;
  • Advice on the potential need to engage a medical practitioner for Will signings where there is real doubt as to capacity.
For more information about the mental capacity related services we provide get in touch with our Powers of Attorney team today on 0330 912 8338.

Need Help?

Call 0330 912 8338 to have a chat with our expert Powers of Attorney Team. There’s no obligation.

Or email us with your query and we’ll help in any way we can.

Capacity FAQs

What does Capacity mean?

The term capacity refers to mental capacity in the sense that you are not able to make decisions for yourself. Capacity should always be established before any actions are taken to ensure that you can make decisions for yourself. The cause of a loss of mental capacity might be an accident resulting in you becoming disabled or a degenerative condition like dementia.

Establishing Capacity

Every LPA must also be signed by a certificate provider before it can be registered with the OPG. The certificate provider is acting as an independent assessor to confirm that you understand the effect of signing your LPA and that no one is forcing you to do so. The number one reason why clients look to appoint an attorney under an LPA is to know that they have appointed someone they trust and who knows them and cares about them, to help deal with care, medical issues or finances if you should be unable to do so for any reason. From dealing with property, finances and administrative affairs, to carrying out and seeing through healthcare decisions, the role of an attorney under an LPA is to ensure that if you cannot speak for yourself and represent your own wishes, someone else can.

How do you establish Capacity?

Every LPA must be signed by a certificate provider before it can be registered with the OPG. The certificate provider acts as an independent assessor to confirm that you understand the effect of signing your LPA and that no one is forcing you to do so.

Related Insights

Lasting Powers of Attorney (LPAs)

Lasting Powers of Attorney (LPAs)

SHAREBe in control of what happens to you. Want to create a Lasting Power of Attorney? Contact our Private Client team today to arrange a no charge consultation 01284 767766.An LPA is a legal document that lets you (the ‘donor’) appoint one or more...

read more
Business Lasting Powers of Attorney

Business Lasting Powers of Attorney

SHAREMitigating disruption and crisis management We’d recommend always having a contingency plan in place especially when considering business assets. Should you ever be in a situation where you can’t make important decisions who have you appointed...

read more

Still Need Help?

Call 0330 912 8338 to have a chat with our Powers of Attorney experts.