Expert Capacity and Court of Protection Solicitors
It is not uncommon for individuals to lose the ability to make decisions for themselves; this could be due to a mental health condition or a severe learning difficulty, a sudden accident, medical negligence or dementia. This is where you will need Court of Protection solicitors. At Blake Morgan, we have a specialist team who advise on capacity issues and Court of Protection applications including disputes that arise, to support vulnerable people and their families when they need it the most.
Our Court of Protection solicitors also act as professional attorneys and deputies where the Court and/or the family consider it is in the best interest of the person who lacks capacity.
Main Areas Of Practice
Powers of Attorney
Our capacity and Court of Protection solicitors can advise on the appropriate type of Power of Attorney, and can help ensure that every aspect of a vulnerable person's needs, whether it is to protect their financial assets or to provide for specific requirements in relation to their health and welfare are appropriately managed.
Court of Protection and deputyship
Our expert lawyers help you navigate the Court of Protection application process and the ongoing management of the individual's affairs who has lost capacity. We can assist with applications for specific events such as permission to make gifts, statutory wills, permission to buy and sell property, setting up personal injury trusts, and care issues.
Personal injury trusts
Some individuals who have received compensation may not have the capacity to manage the financial award or they may be a child. The Court of Protection may not be suitable and an alternative may be a Personal Injury Trust. Our Court of Protection solicitors can advise on the best solution and can set up and manage the appropriate Trust.
In conjunction with case managers, setting up and managing homecare regimes and buying and selling property, and ensuring a property is specially adapted to meet individual needs. For those in residential care, we will work with the care home to ensure that financial, health and welfare issues are fully met.
Marriage contracts and statutory Wills
Vulnerable people are often unable to understand the financial consequences of marrying, including that when they marry, a previous Will is revoked. Our Court of Protection solicitors work closely with families when there are concerns about mental capacity, to make applications to the Court of Protection to allow families to make a 'statutory Will'.
Court of Protection disputes
Our capacity and Court of Protection solicitors have extensive experience in dealing with disputed capacity cases in relation to contested statutory Wills applications, disputes concerning the appointment or removal of an attorney or deputy, contested gift applications and other matters in the Court of Protection.
International mental capacity issues
It is becoming increasingly common for individuals to live in one country and own property in another, marry abroad or retire to other countries. Our Court of Protection solicitors can advise where there is more than one jurisdiction involved, on the use of Powers of Attorney in other countries and protective measure that can be taken.
We act for individuals who have lost capacity, and their families, to provide all-round protection to the client.
“I would like to thank you for all your work on my behalf and it is really important to me to have someone who I feel I can trust and advise me.”
- Mr B, Reading
Our Court of Protection solicitors were instructed by the client's Deputy to make an application to the Court of Protection for an Order allowing our client to make gifts to his three sons.
Our experts supported a clinical negligence claim on behalf of a child who suffered undiagnosed meningitis, leaving him with brain damage. Our Court of Protection solicitors applied to the Court of Protection to appoint a Deputy and assist with purchasing a property and managing investments to ensure the funds received provided an income.
Our Court of Protection solicitors were instructed by a client who had recently moved from South Africa back to the UK to receive care. We applied to the Court of Protection to appoint his family as deputies, requesting authorisation to deal with cross-border arrangements and investigate funds held in South Africa.
Mental Capacity Specialist
Associate / Court of Protection Manager
Senior Associate and Notary Public
Awards and Accolades
Many of our lawyers are members of professional organisations such as the Solicitors for the Elderly (SFE), Court of Protection Practitioners Association (COPPA) and Society of Trust and Estate Practitioners (STEP).
Full Accredited members are: Alison Craggs Kathryn Woodward Lisa Davies
Many of our lawyers are members of STEP.
Mental capacity is critical to making a Will. The concept is known as 'testamentary capacity' and concerns the ability of a person (the testator) to make a Will. Many disputes...Read More
When a person lacks the mental capacity to make important decisions, the Court of Protection can step in and appoint a "Deputy", to take decisions on their behalf. A Deputy...Read More
Recent case law in the Court of Protection exemplifies poor conduct resulting in punishment by Costs Order
The Court of Protection has jurisdiction to make decisions regarding the welfare of someone who lacks capacity to make their own decisions, for example as to where they should live...Read More
Are you being ignored and decisions taken about your child without your being consulted? Mental Capacity specialist Nicholas Buckman looks in detail as parents challenge the court. It can be...Read More
Kym Provan, Partner in the Blake Morgan Injury Group, and Nick Buckman, Mental Capacity Specialist in our Court of Protection Team, had the privilege of attending the annual Headway Conference...Read More