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Mental Capacity

Issues of mental capacity can sadly occur at any time, and to anyone. Thanks to various media campaigns, mental health and well-being is at the forefront of our minds, and is no longer the taboo it once was. A sudden deterioration in mental health can be distressing not only for the individual but also for those surrounding them and this is doubly so if it occurs at a time when legal proceedings are ongoing, or a legal transaction needs to be carried out.

We have a dedicated team, within the Firm's Private department, encompassing lawyers specialising in Family law, Tax, Trusts, Private Wealth Disputes and Court of Protection matters who can provide a full range of advice in circumstances where there are issues of mental capacity or vulnerability, at any stage where legal transactions are to be undertaken or legal proceedings are in contemplation. We are able to act collectively including:

  • Arranging for experts to evaluate an individual and produce a report as to mental capacity
  • Appointment of a Litigation Friend
  • Preparing Lasting Powers of Attorney (LPAs)
  • Appointment of a Deputy
  • Advising on and preparing statutory wills
  • Liaising with family or next of kin

Such is the collective expertise that the Group also provides advice and support internally to employees for their own well-being particularly when faced with the complexities (legal and emotional) of clients suffering mental health issues.

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