Mental Capacity

Planning ahead and protecting loved ones

Preparing for the possibility of a change in circumstances that could mean you require greater assistance with your affairs in the future is as important as taking out insurance on your home or making a will.

We help our clients to make the preparations needed to ensure that their wishes and preferences are respected, and that the most important decisions are entrusted to the right people.

Our clients include individuals, families, carers, trustees, attorneys and deputies, and we can provide clear guidance on the full range of options including powers of attorney, deputyships, advance decisions, statutory wills and protective applications to the court of protection.

Our team includes members of STEP, Solicitors for the Elderly, the Charity Law Association and the Association of Contentious Trust and Probate Specialists (ACTAPS).

View and download answers to Frequently Asked Questions (FAQs):

Court of Protection

The Court of Protection is the branch of the court that deals with the affairs of people who lack the capacity to make decisions for themselves. Under the Mental Capacity Act 2005, such persons are referred to as ‘P’.

We advise deputies and prospective deputies - whether they are a member of the family, a friend or a professional - about applications to the Court of Protection including applications for:

  • the appointment of a deputy;
  • statutory wills;
  • authority to make gifts and loans;
  • authority to sell or purchase freehold or leasehold property; and
  • investment of funds.

Frances Mayne acts as a professional deputy.

We have considerable experience in dealing with both contested and non-contested Court of Protection applications, for both applicants and respondents to applications. Our aim is always to resolve the application without a hearing if possible. Where this is not possible, we are experienced in representing parties at Court.