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> Experience > Our practices > Private client > Estate planning, wills and succession > Mental capacity

Mental capacity lawyers

We have a huge amount of legal and life experience in situations where there are concerns that someone may have lost the capacity to take important decisions for themselves. We can help you to establish the facts of the matter and find a solution.
 

What can you do if an elderly or vulnerable person does not have the mental capacity to make decisions for themselves? Or indeed if you need to protect your arrangements against any suggestion of mental incapacity?

If you have concerns that someone in your life is no longer able to take legal decisions for themselves, we can offer guidance. We have a huge amount of legal and life experience in mental capacity matters, and have helped to develop the law in this area. We assist individuals, families, trustees, conservators and other professionals in all kinds of cases.
 

A good first step is to establish the facts of the matter. If necessary, we will call on an extensive network of professional contacts, including medical mental capacity experts, to do this. With this information we will find a solution – whether by agreement, by obtaining a court order, or in the last resort, through litigation.

Abolishing the UK non-dom regime – what are your options in the UK and globally?


The decision from the current UK government to abolish the existing regime and promises made by the opposition to do the same has left many of you with questions and uncertainty. What does the future hold and what actions can you take now? 
Non-dom resources

Track record

Application to the Court of Protection on international assets

Advising our client as attorney for her incapable mother under a registered Enduring Power of Attorney in the UK, she was seeking to sell a number of her mother's properties overseas on her behalf. She was not able to obtain the local jurisdiction order to enable her to do so because her mother was too ill to travel for the necessary medical assessment. We therefore created an innovative application to the UK Court of Protection based on the unusual scenario, using our international expertise.

Cross border issues relating to Dementia

When our client was diagnosed with an aggressive form of early onset dementia, he was forced to retire earlier than he or his family had expected and planned for. Leaving his job overseas and relocating to the UK brought about greater difficulties. We assisted his children as their father's attorney in resolving a complex retirement and permanent health insurance package with his employers. We also made an application to the Court of Protection for its approval of the package.

Incapacitated and no estate plan

We assisted our elder client who did not have an established estate plan and sadly became incapacitated. We were successful in obtaining the court approval to create an estate plan for him that ensured an efficient transition of his assets in accordance with his known wishes.

An elderly client in California

Withers helped an elderly client defeat aggressive efforts by her daughter to force her to endure a medical examination or submit to a guardian ad litem. Withers is often asked to zealously represent parties in California elder abuse actions in a variety of scenarios, including both those situations where the older person is still alive or is deceased.

Application to the Court of Protection on international assets

Advising our client as attorney for her incapable mother under a registered Enduring Power of Attorney in the UK, she was seeking to sell a number of her mother's properties overseas on her behalf. She was not able to obtain the local jurisdiction order to enable her to do so because her mother was too ill to travel for the necessary medical assessment. We therefore created an innovative application to the UK Court of Protection based on the unusual scenario, using our international expertise.

Cross border issues relating to Dementia

When our client was diagnosed with an aggressive form of early onset dementia, he was forced to retire earlier than he or his family had expected and planned for. Leaving his job overseas and relocating to the UK brought about greater difficulties. We assisted his children as their father's attorney in resolving a complex retirement and permanent health insurance package with his employers. We also made an application to the Court of Protection for its approval of the package.

An elderly client in California

Withers helped an elderly client defeat aggressive efforts by her daughter to force her to endure a medical examination or submit to a guardian ad litem. Withers is often asked to zealously represent parties in California elder abuse actions in a variety of scenarios, including both those situations where the older person is still alive or is deceased.

Our team

Paul Hewitt

Paul Hewitt

Partner | London

Paul Hewitt

Partner | London

Trust, estate and inheritance disputes

Deborah Barker, S.C.

Deborah Barker, S.C.

Partner | Singapore

Deborah Barker, S.C.

Partner | Singapore

Litigation and arbitration

Natasha Stourton

Natasha Stourton

Partner | London

Natasha Stourton

Partner | London

Trust, estate and inheritance disputes

Stephen Richards

Stephen Richards

Partner | London

Stephen Richards

Partner | London

Trust, estate and inheritance disputes

Yee Hoong Chua

Yee Hoong Chua

Partner | Singapore

Yee Hoong Chua

Partner | Singapore

Private client and tax

Billy Ko

Billy Ko

Partner | Hong Kong

Billy Ko

Partner | Hong Kong

Divorce and family

Jeremiah (Jeremy) J. Moffit

Jeremiah (Jeremy) J. Moffit

Consultant | San Diego

Jeremiah (Jeremy) J. Moffit

Consultant | San Diego

Trust, estate and inheritance disputes

Julia Abrey

Julia Abrey

Consultant | London

Julia Abrey

Consultant | London

Private client and tax

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Typical clients include

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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, advising on the full spectrum of issues. Find Out More
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Families and family offices

Families call on us when they want a firm that understands their needs – whether they are looking to pass down wealth, set up and run a family office, or make their mark through philanthropy. Find Out More
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High net worth individuals

With complex interests that often span several jurisdictions, highly successful people need seamless advice. With a full-service offering across our offices around the world, we provide just that. Find Out More

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We offer a full range of services to individuals and businesses.  Find out how we can help you solve challenges and maximize opportunities.

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Our website will give you a flavour of the advice we provide - if you would like to talk to us for more information, please contact our client services team who will be happy to assist.

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