Skip to Content

Mental Capacity

“Mental Capacity” is the ability to make decisions for yourself.

No-one likes to think of a time when they may lack capacity to make their own decisions but the reality is that, as the population ages, the number of people who are losing capacity is increasing. By planning ahead, you can ensure that matters run as smoothly as possible for you and those close to you in the event that you do lose capacity. If you do not put plans in place then you will not have any control over who is appointed to make decisions on your behalf if you do lose capacity and there are likely to be delays while someone is appointed to manage your assets.

Putting a Will in place and keeping it under regular review during your lifetime is an important step in ensuring the needs of your family are met in the future. Challenges to Wills based on lack of capacity are increasingly common and it is important to take proper professional advice before you make your Will so that you can do everything possible to ensure that it will be valid and operate to leave your property as you wish after your death. If you do not have the capacity to make a Will then an application can be made to the Court of Protection to authorise a Will on your behalf.

It is also important to put Lasting Powers of Attorney in place, naming attorneys who will make decisions for you in relation to financial matters or health and welfare matters if you are unable to make these decisions for yourself.

At Hewitsons, our Private Wealth team has considerable experience in dealing with issues relating to mental capacity. We can help you to put your affairs in order while capacity is not in doubt and we also have a wealth of experience in dealing with Court of Protection applications in relation to the affairs of people who have lost capacity. We work closely with other members of the firm who specialise in contested applications to the Court of Protection to ensure that we are able to offer the highest level of expertise should a dispute arise.

We act for individuals and their families as well as trustees, beneficiaries, attorneys and deputies. We can also take on the role of professional deputy if this is appropriate in all the circumstances of a case.

Key Contacts

Latest testimonials

"Very professional, with a caring attitude and I felt at ease in the surroundings"
Mrs M

"Antonia Cooper was helpful in every way and on the ball"
Dr H

Latest testimonials

My husband and I would like to take this opportunity to thank you so much for the caring and professional way in which you dealt with this matter on our behalf. It is much appreciated."
Mr & Mrs B

"The service we received was personal, personalised and extremely (pleasantly) professional. All advice appeared relevant and was gratefully received"
Mr & Mrs G

Latest testimonials

“Antonia Cooper was excellent in every aspect. Personable, friendly and very efficient, acting promptly and appropriately. Thank you Antonia and supporting staff, you made it easier for us at a difficult time”
Mr C as executor of Mrs C

“Just to say service was 1st Class. It was a pleasure to have had dealings with Antonia Cooper and the staff”
Mrs R

Latest testimonials

"Friendly, informative and professional"
Mrs M

Latest testimonials

"I have always felt that Carolyn Bagley has my best interests at heart and I thank her for that, also for her kind professionalism."
Mrs N

"Carolyn Bagley's advice was superb, quick and all issues were addressed swiftly."
Mr O

“All staff were very friendly and helpful. We are elderly private clients who were relaxed by a professional who understood out complex needs and wishes and produced excellent Wills in a manner which made the business almost a pleasure.”
Mr & Mrs C - Will

Latest testimonials

"Thank you for all your help on my and my family's affairs. I greatly appreciate the interest you take and the time and trouble you put into looking after us. This is invaluable."
Mrs L

"We were delighted to learn you had been inducted into the Legal 500 Hall of Fame and send you our warmest congratulations on the recognition which you so well deserve."
Mr F

"It's clear when you deal with Clare that you're benefiting from a huge breadth and depth of experience. When you couple that with a pretty impressive eye for detail, it's very reassuring. She's very straightforward to work with, partly because she knows exactly what she's talking about, so one's not needing to examine what she's saying because one's confident that it's right."
Chambers & Partners 2018

 

Latest testimonials

"He acts proactively and is very bright. When speed is of the essence, he gets to the nub of the matter and does his absolute best to resolve it very quickly".
Client testimonial as featured in Chambers & Partners Legal Directory 2016

"Daniel Curtis is an excellent private client lawyer. He takes time to understand the main issues and comes up with pragmatic, well thought through solutions for any client's situation. He clearly knows his field. He is a good communicator and is highly skilled."
Legal 500 Legal Directory  2017

"I am very satisfied with the services I have received and continue to receive. My Solicitor (Daniel Curtis) is always kind, courteous, friendly and helpful, and I have recommended him to others"
Mrs N - Lasting Power of Attorney 2017
 

Latest testimonials

"Hauke has dealt with the administration of my late mother and father's estate matters in a most professional and considerate way".
Mr G

"We found that Hauke dealt with the execution of my father's will in a kind and sensitive manner. He answered any queries quickly and efficiently. Many thanks."
 Mrs I

"Excellent service throughout the whole process. Everything was done with compassion and efficiency during the difficult process of my Mothers Estate."
Exec of Mrs B

Latest testimonials

"Courteous and efficient throughout. Clear explanation of legal requirements"
 
Mr C

Latest testimonials

"Thank you for all your efforts over the last ten months. We’ve appreciated the fact that you’ve always kept us informed and the documentation has always been clear and concise"
Mr A & Mrs J

Latest testimonials

"The service we received was excellent and everything was explained clearly"
Miss C

Latest testimonials

"Just to say thank you for the way a delicate subject was dealt with in a very sensitive way by Kelly and other staff"
 Mrs R

"Thank you to all members of the staff who made you feel at ease and very courteous"
Mrs H

"We were very happy with the service Kelly provided us when sorting out our will - Friendly and Helpful"
Mr & Mrs W

Latest testimonials

"Congratulations and thanks for a job done so well that no words can express our deep gratitude.
Right from the outset since our initial contact until the very end, we found you all to be the most professional, highly experienced and most co-operative team anyone can dream of. Hats off to you all."
Mr D

Latest testimonials

"We have nothing but praise for the skill and care you have shown and the excellent advice you have given us."
Mrs A

Latest testimonials

"We were very pleased with the level of knowledge and explanations given to us. The Staff were very friendly and commodating to our needs. Thank you!"
Mr & Mrs B

Latest testimonials

"I would just like to thank you for your efficient, professional and personable management of the estate.
It has been a pleasure to have been working with you."

Administration of Estate
Mr & Mrs G

 

Latest testimonials

"Very interesting and informative seminar. Excellent speakers."
Private Wealth Seminar - 2018

"Easy to understand format, well presented and informative"
Private Wealth Seminar - 2018

"A very helpful introduction to the problems of estate planning"
Private Wealth Seminar - 2018

"Very informative and useful. Put over and explained very well and clearly"
Private Wealth Seminar - 2018

Back to top