What is mental capacity and why do I need it to make an LPA?
Mental capacity is the ability to make a specific decision at the time that it needs to be made.
Under the Mental Capacity Act 2005, you can name one or more people to make decisions on your behalf under a Lasting Power of Attorney (LPA). These people are called your attorneys.
To make an LPA, your certificate provider must confirm that you have the ability to make the decision to make an LPA at the time you sign the document. Read What is a certificate provider? for more information on how this person will assess your mental capacity to make an LPA.
There are several points which you must show you are able to do when proving that you have capacity. When deciding to make an LPA, this includes:
- Understanding what an LPA is and the consequences of you making an LPA
- Understand who your attorneys are
- Use this information as part of your decision-making process
- Remember this information for as long as it takes to make your decision
- Communicate this decision to your certificate provider, by whatever means you usually communicate.
When you have made your LPA and it is being used by your attorneys, your attorneys will assess whether you have capacity to make each decision which is needed to manage your affairs. For more information on how they do this, read: What is an attorney?