When someone can no longer make decisions for themselves due to a lack of mental capacity, the Court of Protection can appoint a Deputy to act on their behalf. This Deputy may be responsible for decisions about property, finances, personal welfare, or medical treatment.

The causes of diminished capacity vary and might include:

• Injuries from accidents or clinical negligence.
• Degenerative illnesses like dementia.
• Lifelong conditions such as learning disabilities.

Appointing the right Deputy is crucial for ensuring the individual’s needs are met appropriately. There are specific legal requirements that must be satisfied, and the process can be complex. Our experienced team provides personalised guidance to help you navigate this journey and select the best Deputy for your circumstances.

Learn more about appointing a Deputy

Circumstances sometimes change, and families or individuals may feel the need to replace an existing Deputy. This could be due to:

• A breakdown in trust or communication.
• Concerns about the Deputy’s skills or ability to manage responsibilities effectively.

Our team can assist with reviewing the situation and, where necessary, applying to the Court of Protection to change or remove a Deputy. We offer practical advice and support to ensure the transition is smooth and serves the best interests of the individual in need.

Learn more about Changing Deputies

Capacity to make decisions can sometimes improve, allowing an individual to regain independence. We are experienced in representing individuals who wish to apply to the Court of Protection to revoke Deputyship orders when they have regained capacity.

Capacity disputes can be sensitive and complex, especially when external parties are involved. Our team works closely with medical experts and legal professionals to ensure the correct outcome, prioritising the individual’s best interests at every step.

Learn more about Regaining Capacity

We regularly assist elderly and vulnerable clients with the challenges surrounding mental capacity, wealth planning, and accessing care. These issues often involve:

• Complex financial arrangements.
• Navigating care funding options.
• Safeguarding against exploitation.

Our dedicated team works compassionately with clients to find solutions that protect their wellbeing and independence. We can also coordinate with rehabilitation teams where additional support is required.

Learn more about Elderly Client Support

Everyone has the right to make their own decisions, but an illness or injury can sometimes take this ability away. The Mental Capacity Act 2005 provides a legal framework to protect those who cannot decide for themselves. If someone lacks capacity, the Court of Protection may appoint a Deputy to make decisions on their behalf regarding their welfare, finances, or other significant matters.

Our experienced solicitors can help you navigate these sensitive issues, ensuring the best possible outcome for your loved one.

Learn more about advice on mental capacity matters.

Disputes about mental capacity can be complex, particularly when legal proceedings are involved. We work alongside families, medical professionals, and legal teams to provide litigation support, including expert witness services, ensuring all decisions are informed and fair.

Learn more about Litigation Support & Expert Witness Services

If an individual lacking capacity receives compensation for a personal injury, safeguarding those funds is critical. A Personal Injury Trust ensures the money is protected while maintaining eligibility for means-tested benefits. Our specialist solicitors can assist in setting up and managing these trusts to secure your loved one’s financial future.

Learn more about Personal Injury Trusts

Navigating the costs of long-term care can be overwhelming. Whether it’s understanding local authority funding or applying for NHS Continuing Healthcare, our team provides tailored advice to ensure you can access the right support.

Learn more about Funding for Care

Children and young people with special educational needs due to injury or disability often require personalised support. Our team works with families to ensure children have access to the resources they need for education and development, providing compassionate and professional guidance every step of the way.

Learn more about Special Educational Needs (SEN)

When someone lacks the capacity to make their own financial decisions, creating a Will, gifting assets, or managing legacies requires approval from the Court of Protection. Our solicitors specialise in these applications, ensuring they align with the individual’s best interests while meeting legal requirements.

Learn more about Statutory Wills, Gifts & Legacies

A Lasting Power of Attorney (LPA) lets you designate someone to make decisions on your behalf if you lose capacity in the future. Whether it’s for finances or health and welfare, our expert team can help you prepare an LPA tailored to your needs.

Learn more about Lasting Powers of Attorney (LPAs)

Cross-border issues involving individuals who lack capacity can be uniquely challenging. Our solicitors have the expertise to handle international cases, including managing overseas assets and resolving jurisdictional disputes under the guidance of the Court of Protection.

Learn more about International Court of Protection Matters

Deputies and attorneys have limited authority to make gifts or financial transfers on behalf of someone who lacks capacity. These gifts must be reasonable in value, considering the individual’s financial situation and other assets.

Our specialist solicitors can help you understand the rules for giving gifts or legacies, and guide you through applying to the Court of Protection if approval is required. We ensure that all decisions comply with legal requirements and protect the individual’s best interests.

Learn more about getting court approval on gifts and legacies.

The Court of Protection is responsible for decisions about welfare matters for individuals who lack capacity. If you need to submit an application for welfare authorisation, you may also require the court’s permission.

Our experienced team offers comprehensive support through this process, from preparing the necessary paperwork to providing advocacy in court. Whether you need ongoing legal advice or help with a single application, we are here to guide you every step of the way.

Learn more about Welfare Authorisation

If a deputy or attorney acts beyond their authority or dishonestly, it can cause significant harm to the individual they are meant to protect. Immediate action is critical to safeguard the person’s assets and wellbeing.

We can assist you with investigating improper behaviour, applying to the court to remove the deputy, freezing assets, and recovering any misappropriated funds. Our team has the expertise to navigate these difficult situations and achieve the best outcome for vulnerable individuals.

Learn more about Recovering Assets from Deputies

A marriage entered into without the mental capacity to consent can have serious legal and financial consequences. While such marriages are voidable under the Nullity of Marriage Act 1971, they are not automatically null and void. This distinction, as defined in the Matrimonial Causes Act 1973, can make these cases complex and sensitive.

Our expert solicitors can help you identify the warning signs of financial abuse or predatory marriages and provide legal strategies to resolve these issues, including annulment proceedings and safeguarding assets.

Learn more about Financial Abuse & Predatory Marriages