Partner | London
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.
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.
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.
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.
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.
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