• Rachel Harding

I would like to help a relative put a Property & Finance LPA in place but I’m concerned ab

To successfully make and register a Property & Finance Lasting Power of Attorney (LPA) with the Office of the Public Guardian, the person to whom the LPA relates (the donor) must have the sufficient mental capacity to do so.

This means, according to the Mental Capacity Act 2005, that they should fully understand what a Lasting Power of Attorney is, how it works and what it’s implications are.

A diagnosis of, for example, dementia does not automatically mean that a person does not have sufficient mental capacity to make a Lasting Power of Attorney but it would be prudent, if not essential, to obtain medical evidence in support of this assessment.

Sometimes GPs or other treating medical practitioners will assist in such an assessment but the most advisable route is to use a specialist agency, such as Nellie Supports, who are experts in mental capacity assessment and can provide reports supporting their decision in the event that the LPA is contested.

If it is deemed that your relative does not have the required mental capacity to put an LPA in place, you may need to apply to become a deputy through the Court of Protection in order to manage your relative’s financial affairs. This is something our team can help you with should the need arise.

If you are concerned about a friend or loved one and would like to discuss any issues surrounding mental capacity or Lasting Powers of Attorney, please do not hesitate to get in touch.

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