Due to advice from the British Medical Association and General Medical Council on ‘conflicts of interest’ we no longer offer mental capacity assessments for Lasting Power of Attorney (LPA) as a service.
To make a valid LPA it is necessary for someone to provide a certificate confirming that the individual in question has the capacity to make an LPA. There are two types of Certificate Provider.
- A ‘knowledge-based’ provider, which is someone who has known the Donor personally for over two years,
- A ‘skills-based’ provider who has the relevant professional skills and expertise to enable them to make a judgement about mental capacity.
For a skills-based provider the acceptable categories are:
- A registered healthcare professional
- A solicitor, barrister
- A registered social worker
- An Independent Mental Capacity Advocate (IMCA)
- Someone not from the above list that can show what their relevant professional skills and expertise in determining mental capacity are
As a practice we do not undertake this non-NHS work and we suggest you seek an alternative certificate provider from the above list.