At Tivoli Legal, we understand that your home means far more than bricks and mortar it’s your comfort, your security, and your independence.
For many, equity release offers a way to unlock some of that value later in life to improve day-to-day living, help family, or fund care. However, if you or a loved one is living with dementia, Alzheimer’s, or another condition that affects decision-making, you may wonder whether equity release is still possible and feel uncertain about where to start.
That’s where our partnership with Equity Release Supermarket provides complete peace of mind. Together, we combine expert financial advice with sensitive, specialist legal support, guiding you calmly and clearly through every step.
It All Starts with the Right Advice
Your journey begins with Equity Release Supermarket, who will talk through your current and future needs and recommend the most suitable product for your situation. They’ll explain how equity release and any alternative later life lending solutions work and whether it’s the right fit for you and your family.
Once a suitable product has been found, and application has been submitted to the lender, they’ll brief us at Tivoli Legal. This means that when we first speak to you, we already have a clear understanding of your goals and any concerns that may exist.
We’ll arrange an informal, friendly conversation to introduce ourselves and outline what happens next. We understand that meeting a solicitor or discussing personal matters can feel daunting, so we always take things at your pace.
If it appears that an applicant may not have sufficient mental capacity to enter into an equity release agreement, this does not automatically mean the process cannot go ahead. With the correct legal and safeguarding steps, it is often possible to continue safely and responsibly.
Understanding Capacity and Why It Matters
There’s a significant difference between managing day-to-day choices and understanding the details of a complex financial product like equity release.
If your adviser or our legal team have any concerns about capacity, we’ll handle the matter with great sensitivity. We’ll talk openly with you and, where appropriate, with your attorney under a Lasting Power of Attorney (LPA) to ensure that your wishes are clearly understood and respected.
To protect everyone involved, a medical capacity assessment will usually be needed. This can be carried out by your GP or an independent assessor chosen by you/the Attorney. Lenders typically require this assessment to be recent - within the last three months, unless a doctor has already confirmed a permanent loss of capacity. This safeguard ensures that the decision is made in the donor’s best interests and that the process stays transparent and compliant.
How We Support You if Capacity Is Limited
If it’s confirmed that you/the donor no longer has capacity to make the decision personally, the equity release process can still move forward smoothly.
At Tivoli Legal, we’ll work directly with your attorney to ensure that all legal and regulatory requirements are met. This includes verifying the LPA with the Office of the Public Guardian and checking identification for everyone involved.
We’ll arrange a signing appointment with the attorney and, where appropriate, include the donor too. The equity release proceeds are arranged just as it would for any other client, often without added delay once documentation is complete.
Throughout, we prioritise compassion, communication, and clarity keeping families informed and supported at every stage.
Ensuring It’s All for the Donor’s Benefit
All lifetime mortgage lenders require that any money released is used for the donor’s benefit. This could mean adapting the home for easier living, funding care, or making improvements that allow the donor to remain comfortable and independent.
Our role at Tivoli Legal is to ensure that these funds are managed properly and transparently, so that both your family and the lender have complete confidence in the process. We work to protect your rights, your home, and your peace of mind.
A Joined-Up Approach for Peace of Mind
Conversations about mental capacity can be emotional, but our joined-up approach with Equity Release Supermarket brings reassurance and clarity.
By working hand in hand from the very start, we ensure that every step financial and legal runs smoothly and respectfully. The equity release process is therefore tailored made to meet client expectations.
The Equity Release Supermarket advisers focus on finding the right financial product, while here at Tivoli we manage the legal details and safeguarding, always with empathy and a focus on what’s best for you.
Let’s Talk
If you’re considering equity release but are worried about mental capacity for yourself or a loved one, please don’t worry alone.
Your Equity Release Supermarket adviser and Tivoli Legal are here to guide you through the process, giving expert advice, emotional understanding, and the reassurance that everything will be managed properly and sensitively.
Together, we’ll help you unlock the value in your home safely, respectfully, and with complete peace of mind.
