Powers of attorney and the courts


We all hope that we will be able to make our own decisions about our finance and our investments – where we live and the care that we need ourselves. However, loss of capacity to make decisions can occur. This is something you can plan for, but in some cases, this is not always possible.

Our expert team has built its reputation as trusted advisors by regularly helping individuals and families, investment managers, financial advisors, accountants and care providers in respect of all aspects of decision-making involving mental capacity.

Our lawyers' expertise is in the drafting, registration and use of all types of Powers of Attorney, general, enduring and lasting, as well as specific Powers of Attorney related to the function of trustees or transaction-specific Powers of Attorney, such as those in relation to the sale of land.

Individual concerns such as how attorney can act, when and with what powers can also be addressed in the documentation to ensure that sufficient safeguards are included.

Advice includes Court of Protection applications, the creation of statutory Wills and applications for deputyship for both property and health. We also advise on applications relating to Inheritance Tax planning.

Our Dispute Resolution team will advise on and if necessary, bring and defend applications relating to the suitability of attorneys and deputies, including cases of financial abuse or misappropriation of assets such as property. This includes advice in relation to disputes over what might be in an individual's best interests, including disagreements over appropriate arrangements for care which may constitute a deprivation of liberty.

In brief

  • Advice on and subsequent creation and registration of Powers of Attorney.
  • Expertise in making applications to the Court of Protection.
  • Ongoing support and advice to deputies and attorneys.
  • Experience in advising in relation to Powers of Attorney relating to specific transactions.