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MENTAL CAPACITY TO MAKE AN LPA

A person making a Lasting Power of Attorney (the donor) must be able to understand and retain information and make decisions for themselves.

There are four criteria set out in the Mental Capacity Act (section 3) as to why a person may not be able to make a decision. The criteria relates to whether the person is able to:
 Comprehend the information relevant to the decision (which requires the information to have been presented to that person in a way appropriate to their circumstances) Retain this information for long enough to make the decision (with the fact that the period of retention may be short is irrelevant to this consideration)Use and weigh the information to arrive at a choice (which requires an understanding of the consequences of making a decision one way or the other, or of failing to make a decision)Communicate the decision.

An inability to fulfil one of these criteria will result in a finding that the person is unable to make a decision, subject to the proper application of all the principles of the Act.

Steele Rose & Co Limited, a family firm of legal service providers for over 13 years.
Members of The Professional Association of Legal Services
Corporate Members of the Institute of Paralegals and appointed
Legal Service Providers for the Forces Pension Society
Registered Office: The Parsonage, Stratford sub Castle, Salisbury SP1 3LH
Tel: 01722 410009, Reg No. 3393519, VAT No. 750 5846 22. email: src@303.org.uk