Mental capacity is a key part of setting up a lasting power of attorney, yet many people are unsure how it works. Understanding the basics can make the process clearer and help individuals plan ahead with confidence.
What does mental capacity mean when setting up an LPA?
Mental capacity refers to a person’s ability to understand the decision they are making. When creating an LPA, this means knowing what the document does, the powers it gives an attorney, and when those powers may be used. Many people choose to complete a power of attorney online, but the same mental capacity requirements apply regardless of the method used.
How is mental capacity assessed?
The Mental Capacity Act sets out the principles for assessing capacity, starting with the assumption that a person can make their own decisions. To meet the standard, they must be able to understand the information clearly. These rules apply whether the document is prepared in person or through a company such as Power Of Attorney Online.
What happens if someone does not have the capacity to make an LPA?
If someone cannot meet the required level of understanding, an LPA cannot be completed. In these situations, family members may need to apply to the Court of Protection for a deputyship order instead. GOV.UK explains the role of the Court of Protection.
Who carries out the capacity check?
Solicitors usually check capacity during meetings and while preparing the LPA. If they have concerns, they may suggest an independent assessment.
Understanding these points helps people approach LPAs with greater reassurance.
