One of the questions attorneys ask most often is how regularly they need to review their decisions and check in on the donor’s financial position. The honest answer is that the law does not set a fixed schedule. But the spirit of the Mental Capacity Act 2005, combined with the OPG’s guidance, points clearly towards a structured, regular approach.
The danger in the absence of a statutory schedule is that reviews get pushed back indefinitely. Weeks become months, financial records fall behind, and capacity assessments are not refreshed when circumstances change. By the time anything is examined closely, there can be significant gaps.
Here is a practical framework for how often to review, what each review should cover, and how to document it properly.
Ongoing: log decisions as they happen
The most important review principle is not periodic at all: it is continuous. Every significant decision should be recorded at or near the time it is made. If you are waiting for a monthly or quarterly review to catch up on decisions you made weeks ago, you are already working against yourself.
Contemporaneous records, written at the time, carry far more evidential weight than retrospective summaries. The discipline of recording a decision promptly also encourages better decision-making, because putting your reasoning in writing focuses your thinking.
- Log any significant decision within a day or two of making it
- Record not just what you decided, but why, including alternatives you considered
- Note who you consulted, if anyone
- Record whether the donor had capacity to be involved and, if so, how they were involved
Monthly: review finances
For attorneys managing finances under a Property and Financial Affairs LPA, a monthly financial review is good practice. This does not need to be lengthy, but it should cover:
- Checking bank statements for all accounts in the donor’s name
- Ensuring all expected income has been received, pension payments, benefits, rental income
- Reviewing outgoings against the expected pattern and investigating any anomalies
- Filing or scanning any receipts or invoices received during the month
- Checking that care home or domiciliary care payments have been made correctly
A monthly financial review takes most attorneys less than half an hour once they have a good system in place. It is far less painful than trying to reconstruct a year’s worth of transactions in one go.
Quarterly: review capacity and welfare
For health and welfare attorneys, or for financial attorneys who want to be thorough, a quarterly review of the donor’s capacity and overall welfare is a sound approach. This might involve:
- Visiting the donor and recording any observations about their capacity, cognition, and wellbeing
- Speaking with care staff, the GP, or other professionals involved in their care
- Noting any changes to their health, medication, or circumstances
- Reviewing whether current care arrangements continue to meet their needs
- Refreshing your understanding of their current wishes and feelings as far as they can be expressed
Capacity is not fixed. Someone who lacked capacity for a particular type of decision three months ago may have regained it, or may have declined further. A quarterly review ensures you are making decisions based on current, not stale, information.
Quarterly review in practice
An attorney for his 84-year-old mother visits her every fortnight and informally checks in on her wellbeing each time. But a quarterly review goes further: he speaks with the care home manager about any changes in her condition, reviews the care plan, asks the GP surgery whether there have been any significant medical developments, and makes a brief written record of the visit and what was discussed. This quarterly note becomes part of his formal record and demonstrates consistent, engaged oversight.
Annually: produce accounts and review the overall picture
At the end of each financial year, every Property and Financial Affairs attorney should produce a set of annual accounts. The OPG’s PA11 form provides a standard template. Annual accounts cover:
- Opening and closing balances
- Total income and expenditure
- A summary of significant assets
- Any gifts made during the year
- A brief narrative of significant financial decisions
Annual accounts are also a natural moment to step back and review the overall financial position: whether savings are being drawn down faster than expected, whether benefits entitlements are being fully claimed, and whether the current financial arrangements remain appropriate given any changes in circumstances.
There is no rule that says you need to do less than what is sensible. Attorneys who review more frequently than the minimum tend to catch problems earlier, maintain cleaner records, and feel more confident in their role.
When circumstances change
In addition to the regular review cycle, certain events should prompt an immediate review regardless of timing:
- A significant change in the donor’s health or cognitive condition
- A move to a new care setting or a change in care provider
- A significant financial event, sale of property, receipt of an inheritance, major expenditure
- A new concern raised by a family member, professional or other party
- Any change in the donor’s expressed wishes or feelings
Make regular reviews a habit, not a burden
Wardly makes it easy to log decisions as they happen, track financial transactions month by month, and build up a record that reflects genuine, consistent oversight. No scrambling to catch up.
Start your free logFrequently asked questions
Is there a legal minimum for how often I must review decisions?
No, there is no statutory minimum review frequency. But the obligation to act in the donor’s best interests is ongoing, and you must be able to demonstrate that you have done so. The practical implication is that regular, documented engagement is expected.
What if I cannot visit the donor in person regularly?
Regular in-person contact is preferable but not always possible. Video calls, telephone conversations with the donor or their carers, and written updates from care professionals can supplement in-person visits. The important thing is maintaining genuine engagement and documenting it.
Should I keep a record of visits and conversations with carers?
Yes, brief notes of significant conversations, particularly those that inform a decision, are valuable. You do not need a transcript of every visit, but noting the date, who you spoke to, what was discussed, and any decisions or actions that resulted is good practice.
How does reviewing decisions relate to best interests?
The best interests test under the MCA requires you to base decisions on the donor’s current circumstances, wishes and wellbeing, not a historical snapshot. Regular reviews ensure that your decisions are based on up-to-date information rather than an outdated picture of their situation.