Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for financial affairs

Produced in partnership with Rebecca Roscoe TEP of RJR Legal Ltd
Precedents

Letter to GP requesting assessment of capacity to enter into a Lasting Power of Attorney for financial affairs

Produced in partnership with Rebecca Roscoe TEP of RJR Legal Ltd

Precedents
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[GP OR Doctor]

Dear Dr [insert doctor’s name]

Client name

Client address

Client date of birth

I am acting for [insert client’s name] in connection with the preparation of a Lasting Power of Attorney in relation to their financial decisions.

A lasting power of attorney is a legal document that allows a person to appoint one or more individuals to make decisions on their behalf in case they become unable to make decisions due to mental incapacity or other reasons.

I should be grateful if you could assist with the preparation of a report confirming whether they have the requisite mental capacity to sign a lasting power of attorney for financial affairs.

As part of the assessment the individual must be able to demonstrate that they can understand:

The relevant test of capacity is found in the Mental Capacity Act 2005 (MCA 2005) and provides that:

“A person lacks

Rebecca Roscoe
Rebecca Roscoe, TEP

Solicitor, RJR Legal Ltd


Rebecca is the founder of RJR Legal ltd a niche private client practice based just outside Manchester. RJR Legal provides bespoke advice to a wide range of clients including a number of private family businesses.
 
In addition to her role in private practice, Rebecca undertakes consultancy services to other firms supporting their private client practice.
 
Finally, Rebecca lectures for the CLT international on the STEP Certificate in Trusts and Estates as well as the Advanced Certificate in Trust Administration. She also provides PSC courses for BPP and online public courses for MBL Seminars. 

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Jurisdiction(s):
United Kingdom
Key definition:
Lasting power of attorney definition
What does Lasting power of attorney mean?

When a person is unable to make their own decisions regarding their welfare, money or property, a person can be appointed to make decisions on their behalf pursuant to a legal document called a Lasting Power of Attorney.

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