Mental capacity and Court of Protection lawyers

Mental capacity and Court of Protection law can be life changing for individuals and families, requiring careful, considered decision‑making at a time of uncertainty and change.

Our mental capacity and Court of Protection advisory services form part of our Private Client practice and are focused on supporting families, deputies, attorneys and professional advisers on complex, high-value matters where an individual’s capacity has been compromised.

Legal advice on mental capacity and the Court of Protection

We advise individuals and families with significant personal or family wealth, deputies and attorneys managing substantial assets, and trustees and family offices that require support on trusts, businesses or other structured assets. 

This is not one-off advice. Our court of protection lawyers provide ongoing support, and can be engaged before, during and after capacity has deteriorated, providing calm advice and experienced oversight in fast-evolving  and often sensitive situations.

Our priority is the careful stewardship of wealth over time, ensuring that decisions are proportionate and aligned with the individual’s best interests, while safeguarding their assets with discretion and careful judgement.

When Court of Protection advice becomes necessary

Court of Protection advice commonly becomes necessary where an individual can no longer make decisions for themselves and there is no lasting power of attorney in place, or where existing arrangements are no longer appropriate.

It is strategically important where a deterioration in capacity affects the control and oversight of significant wealth. When decision-making ability is compromised in this way, uncertainty can extend beyond personal welfare to assets such as trusts, property or business interests, and the appointment of a deputy can help restore confidence in governance and decision-making.

Disagreements can quickly arise between family members, particularly where high-value and sensitive decisions are involved. Strategic legal oversight brings clarity and objectivity, protecting wealth while ensuring decisions are responsible and aligned with long-term objectives.

Ongoing stewardship and deputy oversight

Careful judgement is required in matters such as statutory wills or substantial gifting, where legal obligations must be balanced thoughtfully with an individual’s wishes, intentions and long-term planning objectives. Administration becomes particularly complex where asset structures include trusts, business holdings or diversified property portfolios. In these situations, our Court of Protection lawyers provide guidance to safeguard wealth, while ensuring deputies exercise their authority appropriately and in accordance with their legal duties.

Our mental capacity and Court of Protection legal services

Our mental capacity and Court of Protection legal advice is embedded in our Private client practice and closely aligned with wider considerations such as wills, trusts, tax planning and estate continuity.

Our court of protection lawyers can advise on:

Court of Protection applications and deputy appointments

We advise on applications involving complex, high-value estates, providing strategic guidance on deputy appointments and the appropriate scope of authority and oversight.

Advice to deputies and attorneys

We deliver ongoing legal support to deputies and attorneys, overseeing significant financial decisions and reinforcing compliance.

Statutory wills and gifting applications

We advise on statutory wills and gifting applications where capacity prevents testamentary decisions, ensuring sensitive management of wealth and tax considerations.

Disputes concerning capacity or decision-making

We provide high-level advisory support where family disagreements arise, coordinating closely with contentious specialists to protect vulnerable individuals and significant estates.

High-value estates and complex asset management

We advise where trusts, businesses or landed property are involved, integrating Court of Protection guidance within broader Private Client structures.

Disabled persons’ trusts

We advise on the establishment and management of disabled persons’ trusts to support beneficiaries with specific needs. Our advice focuses on providing long‑term financial security while ensuring arrangements integrate effectively with wider succession and tax planning.