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Capacity to Grant Lasting Powers of Attorney
There are two types of lasting power of attorney,
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Property and Financial Affairs
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Health and Welfare
The Mental Capacity Act (2005) states that capacity is "decision specific" and as such, each lasting power of attorney application requires a separate assessment.
To arrange a Lasting Power of Attorney, either health or financial, you must have the mental capacity to do so if the donor's (the person seeking the LPA) capacity is in doubt a formal capacity assessment should take place.
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you understand the significance of the LPA
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you have not been put under pressure to make it
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there has been no fraud involved in making the LPA
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there is no other reason for concern
In Person Mental Capacity Assessment
Our assessors ensure any assessment is therapeutic in nature, the Mental Capacity Act (2005) promotes the concept of supporting people to make their own decisions, it's not about removing your ability to make decisions.
Our assessments usually take place in the individuals home, whether this is a private residence or a care home, although on occasion it's necessary for assessments to take place in hospitals or in private organised rooms such as hotel meeting rooms.
An assessment, will, on average take approximately 1 hour and our experienced Social Workers try to ensure it is a comfortable and relaxed experience, its important to us that the individual feels confident enough to engage with us, as it is only that way we can get a true understanding of someone’s capacity.
Telehealth Mental Capacity Assessment
via secure video link
Face to face mental capacity assessments are always going to be best practice. However, in those instances where this is not feasible, we offer a safe, secure and professional online mental capacity assessment via our integrated telehealth service.
As with our face to face assessments, our qualified experienced and registered Social Workers complete all of our telehealth mental capacity assessments. We provide a relaxed and informal approach to ensure you have the best opportunity and help in making decisions.