Court of Protection Solicitors.

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Mental Capacity: A Person‘s Ability to Make Their Own Decisions 

Listen here to Neil Davies and Lucy Speed give an insight into the Court of Protection. You’ll hear a segment about the history of the court, and the use of archaic terms that lasted centuries. They also talk about the Britney Spears case and how this would have been dealt with differently in the UK.

Why it Pays to take Proper Legal Advice

In this episode, you’ll hear solicitors Edward Rees and Neil Davies discuss the importance of good legal advice in relation to The Court of Protection, lasting powers of attorney, wills, and estate administration.

The Court of Protection Team is recognised in Tier Four of the 2025 edition of the Legal 500, the edition states: ‘Lanyon Bowdler are client focused and highly responsive. They work in a collaborative way with other professionals to gain the best outcome for their clients.’

A past edition of Chambers UK High Net Worth Directory describes Lanyon Bowdler as a “very well-established, well-known Shropshire firm,” says a market insider, adding that this “full-service firm is recognised in Shrewsbury in many practice areas. “The private client team advises clients on wills, trusts and the administration of estates, and is considered to be “very strong on Court of Protection work.”

If a loved one is unable to make decisions due to conditions such as dementia, a learning disability, or a brain injury, and they have not put in place a Lasting Power of Attorney, an application to the Court of Protection may be necessary. This ensures that important decisions about their finances, healthcare, and day-to-day living arrangements can be made in their best interests.

The first thing the Court of Protection does is decide whether a person is mentally capable or not of making a certain decision. If the person does not have the capacity, the court will either make a one-off order or, if there are likely to be continuing decisions that need to be made not, it will appoint deputies to make decisions for the person in question.

Other decisions that the court makes include:

• The execution of a will on behalf of someone without the mental capacity to make one themselves
• The validity of a lasting power of attorney (LPA) or enduring power of attorney (EPA), and objections to proposed EPAs or LPAs.
• Whether attorneys or deputies should be able to make financial gifts on behalf of the person lacking capacity
• Removal of the legal rights for deputies or attorneys to make decisions entirely if it believes they have failed to carry out their duties properly.

The team of specialist Court of Protection Solicitors, here at Lanyon Bowdler have a great deal of experience in the process, and understand that the issues can be highly sensitive. Our team is qualified to undertake professional deputyship in respect of Court of Protection representation and administration.

Our supportive and personal approach has been highlighted by clients as a valuable part of our work, helping you to make the important decisions and getting the case to a satisfactory conclusion as quickly as possible.

Mental capacity refers to a person’s ability to understand and make decisions. If your loved one struggles to process information, weigh up decisions, or communicate their wishes due to a medical condition, they may lack capacity. A formal assessment, often carried out by a medical professional, can determine whether legal intervention is required.

Having legal authority means that you are allowed to make either welfare decisions or financial decisions on another person’s behalf. If legal authority is given to you by the court of protection, your legal responsibility will continue after the person who has been made a deputy dies.

A local council or NHS trust may be able to apply for legal authority over an individual if there is evidence that this would help them protect their interests or meet their needs better than anybody else could do so.

Lacking mental capacity means that a person doesn’t have the legal capacity to make decisions for themselves. This could be because they are unwell, or it may mean that their condition is permanent and long-term, such as people with severe learning disabilities or mental health conditions.

People who have suffered brain damage due to personal injury or through medical negligence may also lack mental capacity. Sometimes, people are able to make decisions for themselves about certain things, but not others. This is called ‘partial capacity’.

The Mental Capacity Act 2005 is a key piece of legislation that provides a legal framework for supporting individuals who lack the capacity to make their own decisions. It covers matters relating to the Court of Protection, deputyship, and Lasting Powers of Attorney, and establishes clear principles to ensure that individuals are empowered to make decisions wherever possible. The Act also includes a Code of Practice, which offers guidance to professionals and caregivers when making decisions on behalf of others.

A deputy is someone appointed by the Court of Protection to make decisions on behalf of a person who lacks capacity. Deputies can be responsible for financial matters, such as managing bank accounts and paying bills, or for health and welfare decisions. To become a deputy, an application must be made to the court, and the process involves providing detailed information about the individual’s circumstances and needs. Our solicitors can guide you through this process, ensuring everything is handled correctly.

A deputy must keep accurate financial records, making decisions that align with their preferences and values, and reporting to the Office of the Public Guardian (OPG) annually. Our team can provide practical advice on fulfilling your responsibilities effectively.

A Lasting Power of Attorney (LPA) is a legal document that allows someone to appoint a trusted person to make decisions on their behalf if they lose capacity in the future. This must be arranged while the individual still has capacity. If no LPA is in place and the person loses capacity, a deputyship through the Court of Protection will be required.

Deputies are supervised by the Office of the Public Guardian, which ensures they act in accordance with their legal duties. Deputies must submit an annual report detailing their financial decisions and any significant actions taken. If concerns arise about a deputy’s conduct, the OPG has the power to investigate and take further action if necessary.

The Office of the Public Guardian (OPG) oversees the work of deputies and attorneys under Lasting Powers of Attorney. They provide guidance, investigate concerns, and ensure vulnerable individuals are protected from financial abuse or mismanagement.

It is not uncommon for families to have differing opinions about a loved one’s ability to make decisions, and these disputes can be difficult to resolve. The Court of Protection can step in to assess the situation and determine what is in the person’s best interests. Our solicitors can support you in presenting your case and ensure that your concerns are heard.

Yes, the Court of Protection plays a crucial role in safeguarding vulnerable individuals from financial abuse or exploitation. If you suspect that someone lacking capacity is being taken advantage of, our solicitors can help you take the necessary legal steps to protect their assets and ensure their affairs are managed responsibly.

Yes, in some cases, the court may need to intervene if there is disagreement about medical treatment or if the person lacking capacity has complex healthcare needs. Our solicitors can help you apply to the court for decisions regarding treatment options, end-of-life care, and other important health-related matters.

If you believe a decision made by the Court of Protection is not in the best interests of your loved one, you may have the right to challenge it. Our legal team can advise you on the grounds for appeal and guide you through the necessary steps to seek a reconsideration.

If you believe a deputy is mismanaging a vulnerable person’s affairs, we can provide expert legal advice. Mediation is often the first step to resolving disputes, but if concerns persist, we can assist with applications to the Court of Protection to challenge or remove the deputy where necessary.

Our dedicated team can assist with a wide range of Court of Protection matters, including:

• Lay deputy applications: If you wish to act on behalf of a loved one as their deputy, we can assist with the application process and provide ongoing legal support.
• Acting as professional deputy: In cases where a professional is required to manage complex financial or welfare matters, our solicitors can act as professional deputies to ensure your loved one’s best interests are safeguarded.
• Health and welfare matters: We provide legal representation in cases involving disputes over care arrangements, residence, medical treatment, and contact with others.
• Statutory Will applications: When a person lacks the capacity to make a Will, we can assist with applying to the Court of Protection for a Statutory Will to ensure their estate is managed in line with their best interests.
• Gift applications: If you need to make gifts or financial provisions on behalf of someone who lacks capacity, we can help with the application process to ensure compliance with legal requirements.
• Contested deputyship applications: If you have concerns about the actions of a current deputy or attorney, we can assist with applications to challenge or remove them where necessary.
• Personal Injury Trusts: We can help set up trusts to protect compensation awarded for personal injury claims, ensuring funds are managed appropriately and do not affect entitlement to means-tested benefits.
• Deprivation of Liberty Safeguards (DoLS): If you believe a loved one is being unlawfully deprived of their liberty in a care setting, we can help you challenge the restrictions imposed.
• Emergency applications: If urgent decisions need to be made, such as medical treatment or financial transactions, we can assist in making emergency applications to the Court of Protection.