Our Private Client team has produced regularly a number of information sheets to help its clients understand issues associated with mental capacity.

Please click on the links below for more detail:

  • Lasting power of Attorney
    Problems can arise if you are no longer able to manage your affairs owing to an accident, illness or old age. For example, what will you live on? How will you pay your bills? Who will sign necessary documents for you?
  • Principal duties of a trustee
    On accepting a position as a trustee, a person must be aware of the duties imposed on him by the trust deed and by statute. The following is a non-exhaustive overview of the principal duties of a trustee.
  • The Court of Protection - our services
    Being a deputy appointed for a patient of the Court of Protection is an onerous and important position. If you have been appointed or wish to be appointed to this position then you may want some help and guidance.
  • The Court of Protection
    The Court of Protection is a court that looks after the affairs of people who as a result of some mental disorder are no longer able to manage their own affairs. A person called a deputy is appointed to deal with the property and affairs and/or the personal welfare of the person who has lost their mental capacity. The Court, through the Office of the Public Guardian, supervises the deputy.
  • Use of a discretionary trust in a Will
    For various reasons it may not be desirable to leave assets directly to a beneficiary on your death.
  • Making an Advance Decision about medical treatment
    An adult (that is a person who is aged eighteen or over) who is capable of making decisions about their medical treatment can, if properly informed of the implications and consequences, also make anticipatory decisions about their preferences for medical treatment, intending them to apply at a later stage should they lose capacity to make such decisions for themselves or to communicate such decisions. 

For further information or to talk to someone about issues relating to mental capacity, please contact a team member in the office nearest you:

Rachel Brooks, partner and head of Private Client Services group in our Portsmouth office, on 023 9228 2714 or at rachel.brooks@bllaw.co.uk.

James Antoniou, partner in our Oxford office, on 01865 254286 or at james.antoniou@bllaw.co.uk.

Fiona Fox, solicitor in our Southampton and Portsmouth offices, on 023 8085 7282 / 023 9228 2748 or at fiona.fox@bllaw.co.uk.

Douglas Smith, partner in our London office, on 020 7814 5438 or at douglas.smith@bllaw.co.uk.

Alternatively, email our general enquiries helpdesk on privateclientinfo@bllaw.co.uk.