Mental Incapacity and Court of Protection

JML Law can assist with various important matters where a person has lost the ability to take particular decisions by reason of an impairment of, or disturbance in the functioning of, a person’s mind.

Our fees

* excluding the costs of the Official Solicitor (usually appointed by the Court on behalf of P), counsel’s fees (where the matter is contested and/or complex) and the costs any other party who is legally represented (where the matter is contested).

Fixed fees may be less than stated if the matter is very straightforward, but will be more than stated if the matter proves to be involved or complex. We will advise you of any such fee variation at the earliest available opportunity and before any additional fees are incurred.

All fees quoted above exclude any disbursements (i.e payments to others required to progress the matter), which you will be advised of at the earliest available opportunity.

These include:- • Advice on mental capacity and the legal thresholds required to take relevant decisions

Assisting in the registration of a Lasting or an Enduring Power of Attorney where the donor has lost or is losing their mental capacity to manage their affairs

Acting on behalf of named persons, attorneys or notified relatives (or even donors) to raise objections to the registration of a Lasting or an Enduring Power of Attorney where, for example, it is believed to be invalid or there are concerns about the suitability of an attorney or the way in which he or she is proposing to act

Making an application to the Court of Protection where necessary for an Order to manage a person’s property and financial affairs where they are mentally incapable and have not made a power of attorney. This is called a Deputyship

Making other applications to the Court of Protection where appropriate, for example to authorise a significant gift or a Statutory Will be made on a person’s behalf where they are mentally incapable of doing so.