Lasting Power of Attorney Mental Capacity Assessment or COP3 for Deputyship?

Created: 3/4/2024

We are often instructed to undertake mental capacity assessments for individuals because they wish to appoint attorneys under a Lasting Power of Attorney (LPA).  Similarly, we are also instructed to undertake mental capacity assessments for individuals because another person wishes to be appointed as their deputy.   However, it is not always apparent, at the time of instruction which assessment is required.  We have therefore developed a mental capacity assessment process that ensures both scenarios are covered in the assessment process.

You see, the issue that arises is a mental capacity assessment for LPA purposes starts with the assumption that a person has the mental capacity to create a LPA in the first place.  In order to create an LPA, whether for health and welfare or property and financial affairs a person must be over the age of 18 and have the mental capacity to create it.  A person who lacks the mental capacity to create a LPA cannot create one.  An LPA cannot be created by another person in their best interests, it simply cannot be created.  Similarly, a person who has the mental capacity to manage their property and financial affairs or make health and welfare decisions cannot have deputies appointed by the Court of Protection; it is one or the other depending up the person's circumstances.

Therefore, it is perfectly reasonable to not be sure why you are instructing us, it could quite easily be for a LPA mental capacity assessment or a deputyship mental capacity assessment and that is OK.  We have devised a bespoke set of assessment questions that are adapted to an individual's specific circumstances.  The assessment interview commences as though we are assessing a person with a view to creating a LPA and, if it becomes apparent that the person lacks the mental capacity to create a LPA, we will continue with the assessment with a view to a deputyship application being the outcome.  By doing this, you do not have to know which route you are going to take, we have all options covered without having to undertake multiple assessments or any additional costs to you or your clients.  Once we have concluded our assessment visit, we can report using a COP3 form or our summary assessment report.  If it transpires that the person does have the mental capacity to create a LPA, and the LPA application form is at the assessment visit, we can act as certificate providers as well.

If you would like to instruct us to undertake a mental capacity assessment for LPA or deputyship, please call us on 0330 0435423 or email hello@simplysocialwork.co.uk and we will be pleased to assist you.