Mental capacity

Concerned that an elderly or vulnerable person no longer has the ability to make their own decisions? Our specialist mental capacity team can offer you support and guidance. We can also help you put plans in place to protect you and your family, should a loss of mental capacity occur in the future.

At Forsters, we take the time to understand the vulnerable person’s circumstances to ensure decisions are made in their best interests, whilst also ensuring practical solutions are found to meet their needs.

We advise individuals, families, attorneys, deputies and trustees on a range of issues including:

  • Planning for the future by putting Lasting Powers of Attorney (LPAs) in place for both welfare and financial decisions
  • Preparing wills for clients who have recently received diagnoses of dementia or other life-altering conditions, but who remain capable of making wills
  • Establishing trusts for vulnerable family members, including advising on the tax implications and any advantages or risks of doing so
  • Obtaining deputyship orders from the Court of Protection to assist with decision-making on behalf of individuals who do not have LPAs or Enduring Powers of Attorney (EPAs) in place
  • Advising attorneys (under both LPAs and EPAs) and Court-appointed deputies on the scope of their powers, including using the documents to manage an incapacitated person’s business interests
  • Making gifts on an incapacitated person’s behalf
  • Acting on concerns of improper action by attorneys and deputies.
  • Preparing applications for statutory wills
  • Using foreign powers of attorney in England and Wales, and using English LPAs to manage assets on behalf of individuals who have assets in Scotland
  • Managing trust matters where either the trustees or beneficiaries lack capacity

Working closely with other professionals, including medical experts, to provide holistic support, we can obtain assessments of an individual’s ability to make a range of decisions including giving gifts, executing wills and putting LPAs in place.

Where disagreements arise, our team can help to find workable solutions and, if necessary, apply to the Court of Protection to resolve matters.

Nadine Gibbon
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Nadine Gibbon

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