Court of protection & mental capacity

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

The Court of Protection is a dedicated court dealing with vulnerable people who may lack 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 are wishing to plan for the future by creating a lasting power of attorney or alternatively a loved one lacks mental capacity to deal with their affairs we can assist. We believe that establishing close relationships with the individual and the family will ensure that the right decisions are made in every case.

The team is led by Kelly Greig who is rated in the Legal 500 directory, as a Court of Protection expert noted for her ‘invaluable depth of knowledge and advice.'

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