What is mental capacity?
People who have mental capacity can make a specific decision at the time a decision needs to be made and understand the consequences. They should know what decision needs to be made, why it needs to be made, and what is likely to happen if they make the decision or if they do not make the decision.
What happens if you do not have the mental capacity to make an LPA?
This is a situation which should be avoided if at all possible! Early preparation of the LPA is important in order to give the Donor the choice as to who they want to act on their behalf. Moreover, the costs of having the court appoint a deputy are much higher and the rules are more complicated. If you are in this situation and would like to apply to be made a deputy, this is also something I can help you with.