On 12 November 2025, Arbor Neurorehabilitation Services was invited to join Irwin Mitchell at their Bristol office for a joint event exploring an increasingly important topic for practitioners: the difference between financial capacity and the capacity to grant a Lasting Power of Attorney (LPA).
Hosted by Partner Jessica Burrows at Irwin Mitchell and Private Client solicitor, the session brought together legal and clinical perspectives for a practical, grounded discussion aimed at supporting clients to make informed, capacitous decisions.
Legal framing: responsibilities, thresholds and real-world challenges
Jessica opened the afternoon by clarifying the legal tests, highlighting recent case law, and outlining the responsibilities placed on attorneys once an LPA is enacted. She also spoke frankly about common mistakes made by attorneys and advisers — insights that were particularly useful for case managers who routinely navigate the clinical–legal interface on complex cases.
Clinical insight: how the MDT supports capacity and rehabilitation
Arbor’s MDT — Dr Alana Tooze (Consultant Clinical Neuropsychologist and MCA Assessment Lead), Sarah Gibbin (Lead Speech and Language Therapist) and Nicky Jago (Lead Occupational Therapist) — shared a practical breakdown of how different cognitive, communication and functional abilities come together during a capacity assessment.
They explored:
- how communication and cognitive barriers can mask underlying decision-making ability
- how structured rehabilitation can improve financial capabilities over time
- the importance of preparing clients so they can meaningfully engage with the information required for a decision
- why capacity assessment and rehabilitation work best when used symbiotically, rather than in isolation
For many attendees, the key takeaway was that capacity is rarely static. The right combination of rehabilitation, communication support and preparation can significantly improve a client’s ability to demonstrate understanding, reasoning and choice.
For practitioners: why this collaboration matters
Case managers, solicitors and therapists often encounter grey areas when supporting clients with financial decisions. The event underscored several shared themes:
- capacity is decision-specific and evolves with rehabilitation
- clients benefit from MDT scaffolding before and during assessments
- clearer collaboration between legal and clinical teams leads to better evidence, fewer delays and more confident decisions
- supporting clients to make informed decisions is as important as assessing their ability to do so
This aligned strongly with Arbor’s values of being approachable, collaborative and clinically robust, ensuring that even clients with complex needs are supported in a humane and transparent way.
As Partner Jessica Beddows shared afterwards:
“Thank you so much to all who came to the recent event at our Irwin Mitchell Bristol office with the wonderful crew at Arbor Neurorehabilitation Services… talking about capacity for finances vs capacity for LPA and practical tips for practitioners in supporting clients to make capacitous decisions.”
Recording available soon
A full recording of the presentations will be available shortly for those who were unable to attend.
