Mental capacity and vulnerable persons lawyers

Preparing a Will in respect of a terminally ill individual with assets in jurisdictions including Hong Kong, Singapore and the US (value in excess of US$500m). The Will created a testamentary trust that, following the administration of the estate, allowed for assets to be decanted to a US trust. Following the testator’s death, we oversaw the administration of the estate.

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.

Often, living wills are associated with people who wish to refuse treatment should they become seriously ill and lack capacity to make decisions. However in one instance we acted for a seriously disabled client who used her living will to request maximum treatment, preserving her life as long as possible.

Preparing a Will in respect of a terminally ill individual with assets in jurisdictions including Hong Kong, Singapore and the US (value in excess of US$500m). The Will created a testamentary trust that, following the administration of the estate, allowed for assets to be decanted to a US trust. Following the testator’s death, we oversaw the administration of the estate.

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.