Litigation capacity and Court of Protection reports

Litigation capacity

The assessment considers the person’s ability to understand the nature and purpose of the proceedings, the issues requiring decision, the advice received, the possible consequences and the ability to provide and communicate instructions. The precise test depends on the proceedings and requires clear legal instructions.

Court of Protection matters

Reports may address decision-specific capacity relating to property and affairs or health and welfare. Dr Sachdev’s experience includes work as a Court of Protection Special Visitor and preparation of Section 49 reports.

Instructions and evidence

A clear letter of instruction should identify the exact questions, applicable deadline, relevant orders and documents, parties involved and any practical or communication needs. Medical, social care and other records may be required.

Timescale

Urgent instructions are considered subject to availability. Standard reports are typically delivered within 2–3 weeks after the required records and assessment are complete. A case-specific timescale is agreed before work begins.