Lasting Power of Attorney Assessment

At SKY Social Work, our expert Mental Capacity Assessors provide professional assessments to support the creation of Lasting Powers of Attorney (LPA). These assessments ensure that the individual (the Donor) fully understands the nature and scope of the authority they are granting to their chosen Attorneys, and that their decision is made freely—without pressure or influence from others.

Our findings are documented in a comprehensive, Court-standard report, offering clear professional evidence of the Donor’s capacity and understanding in line with the Mental Capacity Act 2005.

What is the Lasting Power of Attorney?

The Lasting Power of Attorney (LPA) is legal documentation giving permission to an individual (known as the Donor) to decide which trusted person or people (Attorneys) can make decision on their behalf. This can be either relating to their property and financial affairs or health and welfare, should they lose the capacity to do so themselves.

There are two types of LPA:

  • Property and Financial Affairs LPA – allows the Attorney to manage tasks such as accessing bank accounts, paying bills, or handling property matters.

  • Health and Welfare LPA – enables the Attorney to make decisions about care arrangements, medical treatment, and daily living needs, such as organising carers.

An LPA ensures that the Donor’s wishes are respected and that decisions are made by someone they trust, in their best interests.

Mental Capacity and setting up a Lasting Power of Attorney (LPA)

Unlike a Deputyship, a Lasting Power of Attorney (LPA) can only be created if the individual (the Donor) has mental capacity at the time the document is made. Mental capacity refers to the ability to understand, retain, weigh up, and communicate decisions at the time they need to be made.

The assessment of capacity to create an LPA is carried out in accordance with the Mental Capacity Act 2005 and its accompanying Code of Practice. To legally set up an LPA, the individual must be able to:

  • Understand what an LPA is and its legal implications,

  • Explain why they wish to make an LPA,

  • Identify who they are appointing as their Attorney(s) and why,

  • Understand the nature and extent of the authority they are granting.

  • This ensures that the decision to create an LPA is informed, voluntary, and legally sound.

Choosing and using a Lasting Power of Attorney (LPA)

You can appoint one or multiple Attorneys to act on your behalf through a Lasting Power of Attorney (LPA).

There are two types of LPA:

  • Property and Financial Affairs LPA – for decisions such as managing bank accounts, paying bills, or handling property.

  • Health and Welfare LPA – for decisions about care, medical treatment, and daily living.

You may choose to set up one or both types of LPA, and you can appoint the same or different Attorneys for each. An LPA must be signed by all parties and registered with the Office of the Public Guardian before it can be used. Once registered:

The Property and Financial Affairs LPA can be used with your permission, even if you still have capacity. Whereas, the Health and Welfare LPA can only be used once you lack the mental capacity to make those decisions yourself.

This legal framework ensures your wishes are respected and that trusted individuals can support you when needed.

Capacity Assessments for Lasting Powers of Attorney

At SKY Social Work, all of our capacity assessments are carried out using a compassionate and individually tailored approach, designed to meet each person’s unique needs and communication style.

There are times when our experienced Mental Capacity Assessors may determine that an individual does have capacity, even if another professional has previously concluded otherwise—often by using more accessible communication methods or adapting the environment to support understanding. However, despite our best efforts, there are occasions when we must conclude that an individual does not have the necessary mental capacity to enter into a new Lasting Power of Attorney.

We understand the importance of avoiding unnecessary duplication and costs. That’s why, at SKY Social Work, if we assess that someone lacks capacity to create an LPA, we can offer a COP3 Mental Capacity Assessment—required for a Deputyship application to the Court of Protection.

Efficient and Supportive Capacity Assessments

At SKY Social Work, our capacity assessments for Lasting Powers of Attorney are thoughtfully delivered and typically take around one hour. The exact duration may vary depending on the individual’s needs and any additional complexities that arise.

Our Independent Social Workers collaborate closely with families and legal representatives to ensure all necessary documentation is prepared in advance, helping to create a smooth and reassuring experience from start to finish.

Following the assessment, we provide a detailed, Court-standard report, which is usually completed and returned within 7 days—giving you peace of mind and timely support for your next steps.

Does the Proposed Attorney Need to Attend the Assessment?

No—the proposed Attorney should not be present during the capacity assessment. This ensures that the individual (the Donor) is able to express their views freely and without influence. It also helps to confirm that their decision to create a Lasting Power of Attorney is being made voluntarily, without any undue pressure or external influence.