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Mental Capacity

‘Mental capacity’ is the ability to make decisions for yourself.

No-one wishes to think of a time when they may lack capacity to make their own decisions, but the reality is that at some point this could occur. By planning ahead, you can ensure that matters run as smoothly as possible for you and those close to you in the event of your incapacity.

Putting a Will in place when capacity is not in doubt is an important step in ensuring the needs of your family are met into the future. It is then a question of keeping the Will under regular review. If you subsequently lose capacity, the Will cannot be changed (unless an application is made to Court for a Statutory Will).

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

If a person lacks mental capacity and does not have a Lasting Power of Attorney (or an old-style Enduring Power of Attorney), it will usually be necessary for someone to apply to the Court of Protection to be appointed as their Deputy. Once appointed by an Order of the Court, the Deputy can make the decisions authorised in the Court Order.

At Hewitsons, our experienced Private Wealth team can help you to put your affairs in order for the benefit of your family. We also have considerable experience of dealing with Court of Protection applications for those who lack capacity and we can act as Deputy if appropriate.

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Meet the team

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

"All round just Excellent!"
Mrs S

"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

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