LPA Capacity Assessment

(Property & Financial Affairs)

Creating a Lasting Power of Attorney (LPA) for Property and Financial Affairs is an important step in protecting future decisions. At ABCapacity, I provide clear, independent LPA capacity assessments. Ensuring individuals fully understand the purpose and implications of appointing an Attorney.

My assessments follow the Mental Capacity Act 2005 and focus on supporting the individual to make an informed, autonomous choice..

  • This type of LPA allows a chosen Attorney (person you trust) to make decisions about:

    • Money and banking

    • Paying bills and managing finances

    • Selling or managing property

    • Handling investments

    • Day-to-day financial affairs

    To create a valid LPA, the person (the “donor”) must understand:

    1. What an LPA is

    2. Who they are appointing and why

    3. The powers the Attorney will have

    4. When these powers will come into effect

    5. That they can choose more than one Attorney

    6. That they can restrict or guide how decisions are made

    Capacity for an LPA is decision-specific, and many donors with early dementia, memory difficulties or communication challenges can still make this decision with the right support.

  • Solicitors often request an LPA capacity assessment when:

    • There are concerns about memory or cognition

    • The donor appears unsure, anxious or easily influenced

    • There is a family dispute or potential challenge

    • The donor is appointing a non-family Attorney

    • The donor has a diagnosis (e.g., dementia, learning disability, stroke)

    • The solicitor is following best practice to ensure the LPA is valid

    An independent assessment provides clarity, protects the donor, and reduces the risk of future concerns from family members or the Office of the Public Guardian (OPG).

  • I take a calm, supportive approach, ensuring the donor feels comfortable and respected throughout.

    A typical assessment includes:

    • Explaining the LPA in simple, accessible terms

    • Discussing who they wish to appoint and why

    • Exploring the donor’s understanding of their Attorney’s powers

    • Checking awareness of risks, responsibilities and safeguards

    • Observing communication, reasoning and retention of information

    • Allowing extra time and adapting communication where needed

    My priority is to ensure the donor has every opportunity to understand the decision before any conclusion is reached.

  • ✔ A clear, structured capacity assessment report
    ✔ Evidence aligned with the Mental Capacity Act 2005
    ✔ Professional recommendations and safeguarding considerations
    ✔ Prompt turnaround times
    ✔ Suitable for solicitors, families and OPG scrutiny

If you would like to book an assessment or discuss a client, please get in touch.


📧 antony.barron@abcapacity.co.uk
📞 07356 070724

Warm, clear and professional support for you and your clients.