Creating a Lasting Power of Attorney is a smart and proactive decision, but one key step must come first: confirming mental capacity. This isn’t just a technicality – it’s the foundation that makes your LPA legally valid and ensures that it truly reflects your wishes. You need to be fully aware of what you’re signing and the power you’re giving to someone else.
What Mental Capacity Really Means
In simple terms, mental capacity is your ability to understand, consider, and decide. You need to know what an LPA is, who your chosen attorney is, and what responsibilities they’ll have. You also need to be able to weigh up the risks, ask questions, and come to your own conclusion. That’s what the law requires, and it’s there to protect your rights.
How It’s Assessed In Practice
An assessment can often be done by a doctor, solicitor, or qualified professional. They’ll usually ask a few straightforward questions to check that you understand what the LPA means and what you’re agreeing to. If you answer with confidence and clarity, that may be enough. However, in more complex cases, a formal capacity assessment can be arranged to make sure there’s no doubt.
Why It’s Worth Doing Early
It’s always easier to sort an LPA when things are calm, as mental capacity can change over time, sometimes gradually and sometimes without warning. Setting things up now, while everything is still clear, gives you control and peace of mind.
If you’re unsure where to begin, Power Of Attorney Online can help you get started. They offer clear steps, friendly support, and a way to take the pressure off. Many people find that Power Of Attorney Online makes the whole process much easier than expected.
What Happens If Capacity Is In Doubt Later On?
Even after an LPA is created, mental capacity can still become a concern later down the line. If the person who made the LPA begins to show signs of confusion or difficulty with decisions, their attorney can step in to help.
