What we do
Lasting Powers of Attorney ( Provision of certificate )
A lasting power of attorney ( LPA ) is a legal document that lets the ‘donor’ appoint one or more people ( known as ‘attorneys’ ) to help the donor make decisions or to make decisions on their behalf.
This gives the ‘donor’ more control over what happens to them if they have an accident or an illness and can’t make their own decisions (they ‘lack mental capacity’).
There are 2 types of LPA:
- health and welfare
- property and financial affairs
Donors can choose to make one type or both.
An LPA requires a certificate provider to confirm the person making the LPA application has understanding of the consequences of what they are signing and free from influence or duress.
Certification cost (approximate):
COP3
COP3 is a mental capacity assessment to determine the relevant person’s mental capacity in matters being considered by the Court.
Applications to commence proceedings with the Court of Protection, require you file a COP3 form with your COP1 application form. You are required to complete Part A of the form. Our Assessor completes Part B of the application.
We routinely complete COP3 for deputyship and statutory will applications to the Court of Protection.
Testamentary Capacity
Where the person suffers from any form of mental disorder, impairment or disturbance to the functioning of the brain, or where there is a doubt about their testamentary capacity (a person’s ability to make a will) then evidence will be required. Testamentary capacity is not covered by the Mental Capacity Act (2005) and so requires application of another legal test established in Banks v Goodfellow (1869).
Capacity to Litigate
Capacity to litigate is not covered under the Mental Capacity Act (2005). Our Assessors have a good understanding of the legal principles established in Masterman-Lister v Brutton & Co (2002).
Part 21 of Civil Procedure Rule (CPR rule 21) requires any person who conducts litigation to have a full capacity to litigate the whole process. Where the litigating person lacks capacity, the law requires that he is treated as a protected person and as such assessment will establish whether the individual has capacity to litigate.
Capacity to make a gift
Assessment of an individual’s capacity to make a gift requires knowledge of relevant case law and establishes the individual’s understanding of the consequences of ‘gifting’.
Claremont and Smith 