
Our mental capacity solicitors have extensive experience supporting elderly clients and the people who care for them. Our dedicated team understands the specific legal and personal issues that can arise as circumstances change with age.
Several of our solicitors are proud members of Solicitors for the Elderly, a national organisation of legal professionals committed to delivering the highest standards of care and advice to older people, their families and carers.
Whether you are planning for your own future or supporting a loved one through change, we provide clear, compassionate guidance every step of the way.
If someone loses mental capacity without a Lasting Power of Attorney in place, it can create real difficulty for family members trying to help.
In these cases, it is often necessary to apply to the Court of Protection for a family member or trusted person to be appointed as a Deputy. This gives them legal authority to manage the person’s finances and make certain decisions on their behalf.
We recently acted for the adult children of an elderly client who had lost mental capacity and had not created a Lasting Power of Attorney. Without a legal appointment in place, her children were unable to assist with her finances.
We guided the family through a successful Deputyship application to the Court of Protection. Once appointed, we worked directly with relevant financial institutions to ensure a smooth transition, allowing the family to take over the management of their mother’s affairs lawfully and with confidence.
This kind of sensitive, practical support is at the heart of what we do.
Whether you're looking to plan ahead or urgently need support due to a change in circumstances, we’re here to help.
Call us on 01285 650000 and ask to speak to a member of our Private Client Team for a confidential chat about how we can support you and your family.
Our mental capacity solicitors provide specialist advice in the following areas: assessing mental capacity, applying for Lasting Powers of Attorney, Court of Protection applications and deputyship orders, statutory will applications, and managing ongoing Court of Protection deputyships.
The Mental Capacity Act 2005 provides a framework for making decisions on behalf of people who lack the mental capacity to make decisions themselves. Whether due to dementia, a brain injury, a learning disability, or another condition, our team can help families navigate the legal process with compassion and expertise. The GOV.UK guidance on making decisions for someone provides a useful overview of the legal framework.
Many clients who come to us for mental capacity advice also need help with Lasting Powers of Attorney, wills and estate planning, and probate and estate administration. Our Private Client Team offers a joined-up approach to protect both you and your loved ones.
Tel: 01285 650 000
Fax: 01285 649 898
DX: 39400 Cirencester
Email: info@sml-law.co.uk