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Capacity and Court of Protection

We are members of Solicitors for the Elderly, an organisation of solicitors who specialise in elder client advice and capacity issues. We regularly advise clients in relation to the Mental Capacity Act 2005 and Deputyship applications. These involve applying to the Court of Protection to become the representative of someone who has lost mental capacity and who does not have an Enduring Power of Attorney (EPA) or a Lasting Power of Attorney (LPA) in place.

Another type of application to the Court of Protection is the application to make a Statutory Will. This is a Will which is approved by the Court because the testator lacks sufficient capacity to make a Will of their own. Capacity advice includes issues surrounding those with learning disabilities. It is important to set up a structure whereby those with capacity issues are not vulnerable to predators or to losing their state benefits. If you or a family member needs advice on this subject, we would be happy to help.

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