Court of Protection and Mental Capacity

The Court of Protection and mental capacity team assist individuals (and their families) who lack the mental capacity to deal with their legal affairs.

The Court of Protection is a dedicated court dealing with vulnerable people who may lack the mental capacity to make decisions. In these instances the Court has the power to make decisions in relation to the property and affairs, healthcare and personal welfare of adults (and children in some cases) who lack mental capacity.

The Court also has the power to make declarations about whether someone has the capacity to make a particular decision.

Whether you wish to plan for the future by creating a Lasting Power of Attorney or alternatively a loved one lacks the mental capacity to deal with their affairs, then we can provide assistance. We believe that establishing close relationships with the individual and their family will ensure that the right decisions are made in every case.

Our team includes specialist lawyers who can assist with:

  • Applications for the appointment of Deputies
  • Acting as a Deputy and administering the affairs (both financial and welfare) of the person who lacks capacity
  • The preparation and registration of Lasting Powers of Attorney
  • The registration of Enduring Powers of Attorney

Welfare issues in the Court of Protection to include:

  • Advising Attorneys and Deputies with regard to their powers and duties
  • Application of mental capacity test to a transaction
  • Contested applications to include applications for the removal of a Deputy of Attorney in cases of suspected fraud or abuse of power
  • Statutory Wills (making a Will for someone who lacks capacity)
  • Personal Injury Trusts

Advising Deputies and Attorneys

The main duty of a Deputy is to safeguard the individual’s assets and meet their day to day financial needs.  The Deputy will work closely with the family and other professionals such as financial advisors and case managers.

The Deputy must always keep the Mental Capacity Act 2005 in mind when making decisions.  A key principle of this Act is that the individual is presumed to have capacity unless proved otherwise and must be consulted in all decision making.

We can assist you with ensuring you comply with your duties and obligations as a Deputy or Attorney.

Meet the team

Mihiri Gajraj

Senior Associate
Southampton

Holly Algar

Associate
Southampton

Claire Radigois

Senior Associate
Salisbury

Derek Bryer

Solicitor
Salisbury

Elizabeth Webbe

Partner
Salisbury

Gary Pick

Partner
Poole

Richard Dollimore

Partner
Poole

James Hammersley

Partner
Poole

Paula Arnold

Trusts and Tax Practitioner
Poole