Natasha Stourton
Partner | London
> Experience > Families and their advisors > Elderly and vulnerable people
We have helped many families and trustees through the exceptionally difficult scenario where a person has lost capacity to make decisions for themselves. Our approach is to build consensus between parties, focusing on the vulnerable person’s own likely wishes.
As life expectancy continues to rise, so unfortunately do the financial risks and legal issues affecting older and vulnerable people.
Matters relating to the legal protection and the best interests of older people have the potential to be divisive, especially within families. For example, disagreements as to whether the head of a family business is losing their capacity to make sound decisions are increasingly commonplace.
As a family member or other representative of a vulnerable person, this is likely to be a challenging time for you. Decisions can be painful, more so where they are contested. It can be difficult to determine whether someone has lost mental capacity, and there may be others involved who disagree on how to handle the situation and who can make decisions where the person who has always decided in the past can no longer do so. For international families, there are likely to be complicated cross-border issues.
Our lawyers offer sympathetic, insightful advice and with team members in the United Kingdom, the United States, Hong Kong and Singapore, we are on the end of the phone if you need to discuss your legal options.
As well as the families and appointed representatives of older and vulnerable people, we regularly act for trustees, executors, charities and other professional groups. We are skilled in helping with all aspects of estate and tax planning and encourage our clients to consider the possibility of mental and/or physical decline before the situation arises and take action to ensure that their chosen representative is in place to take decisions should that time come. Sadly it is not always the case that the necessary provisions are put in place before incapacity, In that situation we specialize in applications to the Court of Protection. We can help to select a suitable attorney to make decisions if incapacitation becomes an issue, define that person’s role and build in safeguards where appropriate. We advise on disabled trusts and advance decisions to refuse medical treatment, also known as ‘living wills’.
As a firm that acts for families down the generations, we also offer understanding. We know how important clarity is in this situation and, while cases are rarely straightforward, our experience means that we can help you to prepare for the challenges ahead.
Where a vulnerable person is not able to take key decisions for themselves, a judge may appoint a conservator. We have long experience in this area and can talk through your situation and options.
Estate planning, wills and successionWhether you wish to protect family assets, navigate cross-border tax issues or benefit a good cause, our private client lawyers will discuss your priorities, advise on options and put a plan in place.
Lasting powers of attorneyWe believe everyone should complete a Lasting Power of Attorney – but it must be carefully considered, drafted and stress-tested. Our leading team are here to help you through the process.
We are here for you in the difficult situation where someone has lost capacity to take key decisions for themselves, routinely bringing and defending applications in the UK Court of Protection.
Living willsLiving wills let you make legally binding decisions about your healthcare treatment ahead of time. We provide in-depth advice to clients, their carers and families on the choices available.
With a huge amount of legal and life experience in situations where someone may have lost the capacity to take important decisions, we can help you to establish the facts and find a solution.
Will, estate and legacy disputesAs one of the only global law firms with a team dedicated purely to succession disputes, we offer families, friends, executors and charities guidance on all manner of challenges to wills.
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