Expert Capacity and Court of Protection Solicitors

Our capacity and Court of Protection solicitors can advise on the appropriate type of Power of Attorney, and can help ensure that every aspect of a vulnerable person's needs, whether it is to protect their financial assets or to provide for specific requirements in relation to their health and welfare are appropriately managed.

Our expert lawyers help you navigate the Court of Protection application process and the ongoing management of the individual's affairs who has lost capacity. We can assist with applications for specific events such as permission to make gifts, statutory wills, permission to buy and sell property, setting up personal injury trusts, and care issues.

Some individuals who have received compensation may not have the capacity to manage the financial award or they may be a child. The Court of Protection may not be suitable and an alternative may be a Personal Injury Trust. Our Court of Protection solicitors can advise on the best solution and can set up and manage the appropriate Trust.

In conjunction with case managers, setting up and managing homecare regimes and buying and selling property, and ensuring a property is specially adapted to meet individual needs. For those in residential care, we will work with the care home to ensure that financial, health and welfare issues are fully met.

Vulnerable people are often unable to understand the financial consequences of marrying, including that when they marry, a previous Will is revoked. Our Court of Protection solicitors work closely with families when there are concerns about mental capacity, to make applications to the Court of Protection to allow families to make a 'statutory Will'.

Our capacity and Court of Protection solicitors have extensive experience in dealing with disputed capacity cases in relation to contested statutory Wills applications, disputes concerning the appointment or removal of an attorney or deputy, contested gift applications and other matters in the Court of Protection.

It is becoming increasingly common for individuals to live in one country and own property in another, marry abroad or retire to other countries. Our Court of Protection solicitors can advise where there is more than one jurisdiction involved, on the use of Powers of Attorney in other countries and protective measure that can be taken.