Mental capacity

Our specialist Mental Capacity group focuses on managing the financial affairs of mentally incapacitated individuals who become incapable of managing their affairs as a result of mental illness, old age (dementia) or brain injury through an accident/clinical negligence.  Unless provision has been made by way of an Enduring Power of Attorney or a Lasting Power of Attorney, it will be necessary to secure the services of a “Deputy” appointed by the Court of Protection.

Our specialism covers Deputyship, powers of attorney, and emergency and/or contested applications to the Court of Protection covering a wide range of issues which can arise during the incapacitated individual’s life.  We also specialise in dealing with investigations into allegations of financial abuse under Enduring and Lasting Powers of Attorney. 

We work closely with both private and publicly-funded care professionals such as case managers and social workers, and local authority mental health teams, to ensure there is sufficient awareness of the implications of the new law following the enforcement of the Mental Capacity Act 2005.

Experience

Acting for an elderly client who suffers from dementia. She owns her own central London house and has a large investment portfolio worth circa £10m. As part of our role we liaise with the investment advisers, deal with all employment issues regarding her staff and carers, consider and authorise requests for expenditure, and oversee a monthly budget for household expenditure. 

Applying to the Court of Protection for a statutory will to be prepared for a client involving lengthy negotiations with the Official Solicitor particularly in relation a discretionary trust for charities.

Acting for an adult who suffers from ongoing mental health issues as a result of a car accident.  Advising the client on loss of entitlement to means tested welfare benefits under her compensation award which was paid into a personal injury trust. 

Applying  to the Court of Protection for an acceptance of the compensation award on behalf of the client and the establishment of the trust.

Acting for a client in long term residential care with multi million pound estate in application to the Court of Protection in relation to lifetime gifting and inheritance tax planning.