Mental health & mental capacity matters

One area of special sensitivity in regard to elder law concerns the extent to which elderly people need to be mentally capable in order to carry out legal actions, including litigation.

Our team are experienced in a broad range of mental capacity issues; our particular strength is in providing clients with practical advice on the arrangements required in order to protect transactions against the allegation of mental incapacity.

We have a broad client base, which, in the context of mental capacity issues, includes not only elderly individuals and their families and carers but also executors, trustees and other involved professionals. In many cases there is an international dimension to their affairs.

At all times, our aim is to offer a service that is not only efficient and comprehensive but also sensitive and compassionate.

Recent work 

  • Advising the attorney of an incapacitated elderly lady on the possibility of reclaiming works of art 'given away' by her at a time when her capacity was in doubt.
  • Advising the spouse, attorney, and family of a mentally incapacitated client as to the steps to be taken to achieve the divorce of attorney and client.
  • When a client suffering from intermittent episodes of serious depression became ill during employment litigation, advising her attorney and achieving a successful settlement.