Court of Protection & Capacity Team

Providing advice and support for the vulnerable and elderly clients

Latimer Hinks has an experienced team who can advise clients on a wide range of issues surrounding the Court of Protection and other capacity concerns. We pride ourselves on our pragmatic and sensitive approach which often enables us to resolve matters quickly and cost effectively for our clients.

Our lawyers are members of/affiliated to the leading professional organisations including STEP (The Society of Trust and Estate Practitioners) and SFE (Solicitors for the Elderly), are Dementia Friends and are also experienced in Private Client work.

Where we can help:

Statutory Wills

  • If a person does not have Testamentary Capacity to make a new Will you may apply to the Court for a Statutory Will on their behalf
  • This may be the case where you know or care for someone who would like to make a Will because they do not have one in place or would like to change their existing Will to reflect their wishes
  • A person may also need to change their Will in order to take advantage of the new Inheritance Tax rules

Powers of Attorney

  • These documents appoint persons to make decisions concerning your property and financial affairs and/or health and welfare should you ever lose physical and/or mental capacity to make these decisions for yourself
  • You may know or care for someone who needs/would like a Power of Attorney
  • We can also provide advice where you have concerns surrounding an existing Power of Attorney

Applications to the Court of Protection

  • If you think someone has lost capacity and needs help dealing with their property and financial affairs or health and welfare matters but they do not have a Power of Attorney in place we can apply to the Court for a Deputyship Order
  • If you are an Attorney appointed under a Power of Attorney or a Deputy appointed under an Order made by the Court of Protection and require assistance and guidance we can apply to the Court for directions or specific Orders if required

Incapable Trustees

  • If you are a Trustee and are experiencing difficulty managing Trust arrangements because a fellow co-Trustee no longer has the requisite capacity to act or perhaps is failing to carry out their obligations there are steps which you may take to resolve matters

Latimer Hinks has an experienced team who can advise clients on a wide range of issues surrounding the Court of Protection and other capacity concerns. We pride ourselves on our pragmatic and sensitive approach which often enables us to resolve matters quickly and cost effectively for our clients. 

If you believe we may be able to help in any of the areas mentioned above please do not hesitate to contact us on 01325 341500 and ask to speak with a member of the Court of Protection and Capacity Team.

Our lawyers are members of/affiliated to the leading professional organisations including STEP (The Society of Trust and Estate Practitioners) and SFE (Solicitors for the Elderly), are Dementia Friends and are also experienced in Private Client work. 

For further information please see our Fact Sheet - An Overview of the Court of Protection.

Key contacts in court of protection & capacity team