If your young person has special educational needs (SEN), a learning disability, autism, or any condition that may affect their understanding of complex information, it’s wise—often essential—to get a capacity assessment before signing a Lasting Power of Attorney (LPA).
 

Under the Mental Capacity Act 2005, an LPA is only valid if the person signing it fully understands what it means, who they are giving power to, and the consequences of that decision. Skipping or rushing this step can lead the Office of the Public Guardian (OPG) to refuse registration of the LPA or result in legal challenges later.
 

By completing a clear, supportive capacity assessment before signing, you protect your child, ensure the LPA’s validity, and safeguard your right as a parent to remain involved after your child turns 18.
 

Here’s the good news: when you book your assessment with us, we can also act as the Certificate Provider—confirming your young person understands the LPA and is not under pressure to sign. We provide this service at no extra cost, making the process smoother, safer, and fully recognised by solicitors and the OPG.

The Mental Capacity Act 2005 is clear: no one can assume whether a person has or lacks capacity. Capacity depends on the specific decision in front of them. This means each decision requires its own assessment and a separate report.

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If your young person is making both types of Lasting Power of Attorney—Property & Finance and Health & Welfare—we can conduct both assessments in one visit for convenience. However, we always produce two distinct reports.

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Why? Because managing a bank account is very different from deciding where to live. One might be possible while the other is not. A single, catch-all capacity assessment won’t hold up in court. It risks being rejected, leaving your young person unprotected and you sidelined. Our thorough approach is more work, but it’s the only legally robust way to protect your family’s rights.

Capacity assessments can sound clinical and cold, but with us, they’re anything but. We don’t put your young person under a spotlight and fire rapid questions. Instead, we sit alongside them, talk, listen, and gently check understanding, in their own words and at their own pace.

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Our reports are court-ready and fully CPR Part 35 compliant, meaning they’ll stand up to scrutiny from solicitors or the Office of the Public Guardian. But more importantly, the process is therapeutic. It gives your child the dignity of being truly heard, protects them from decisions made “about” them rather than “with” them, and gives you, as a parent, confidence that what matters most has been captured, recorded, and respected.

Before tribunal, there’s a crucial fight worth having.

When the council issues a flimsy EHCP plan, refuses essential changes, or blocks your child’s support, mediation is your opportunity to make them listen—without waiting months for a tribunal.

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What We Do:

• Assessment Review: In-person or desktop evaluation of your child’s real needs.

• Gap Analysis: We identify vague wording, missed support, and unlawful shortcuts in the EHCP.

• Mediation Pack: A sharp, evidence-backed case that councils can’t dismiss.

• Expert Advocacy: We stand by your side virtually or in person to keep the pressure on the local authority.

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Why It Matters:
Mediation can deliver real, fast changes. With our expert preparation and advocacy, mediation stops being a paper exercise and becomes a powerful tool to secure the right support for your child.