Wills are often made at difficult moments, so clarity matters. This guide explains when a testamentary capacity assessment is sensible, how the legal tests work, and what good practice looks like. It blends plain-English explanations with practical steps you can act on today, so families and solicitors can protect a person’s wishes without unnecessary friction. … Read more
Applying to the Court of Protection can feel overwhelming, especially when it comes to the paperwork. One form that causes worry for many families is the COP3. This is the Court’s assessment of capacity form, and it must be filed with your application in most cases. To make life easier, we have created this step-by-step guide. It shows … Read more
When a will is made, it’s about respecting a person’s choices at what is often a tender moment in their life. In England and Wales, the law requires the person signing a will to have “testamentary capacity“, which simply means they understand what they are doing and what it means. For families, that legal phrase … Read more
Families usually come across Form COP3 when applying to the Court of Protection for a decision that someone can no longer make for themselves, for example a deputyship for property and financial affairs or for health and welfare. In plain terms, COP3 is the assessment of capacity report that goes in with the application, and it must be current at the … Read more
The Mental Capacity Act (2005) is a cornerstone of protection for individuals who may struggle to make decisions due to cognitive impairments or other conditions. This essential piece of legislation ensures that decisions about health, welfare, and finances are made ethically and in the best interests of those who lack capacity. This post explores the … Read more
Managing financial decisions can be challenging when a loved one lacks the mental capacity to make choices independently. From paying bills to managing assets, it’s essential to ensure their rights and needs are prioritised while adhering to legal safeguards. This post provides practical steps and expert guidance on what to do if someone lacks capacity … Read more
Choosing the right care home for a loved one is a significant decision, and regular care home reviews ensure they receive the quality of care they deserve. These reviews evaluate whether the care home meets safety standards, provides adequate support, and aligns with the individual’s needs and preferences. This post explores how care home reviews … Read more
Deciding to gift money or assets is a significant decision that requires clear understanding and intent. When someone’s ability to make such decisions is in question, a Capacity to Gift Assessment ensures the individual fully comprehends the implications of their choices and that the decision is legally sound. This post explains what “capacity to gift” … Read more
When families face challenging decisions about care, capacity, or legal matters, the expertise of an independent social worker can make a significant difference. Independent social workers provide unbiased, professional assessments and guidance, ensuring decisions are fair, ethical, and in the best interests of the individual involved. This post explores the role of independent social workers … Read more
Choosing the right care home is an important decision, but sometimes, families may notice that the care being provided doesn’t meet acceptable standards. Whether it’s concerns about safety, hygiene, staff behaviour, or quality of life, it’s essential to take action to advocate for your loved one’s wellbeing. This post outlines practical steps you can take … Read more
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