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Disputes involving Mental Incapacity

We advise families and their fiduciaries on disputes arising from a wealth creator’s loss of mental capacity. We recognise the impact that such an event can have on families and are sensitive and agile when working with clients in these emotional circumstances. We have significant credentials in specialist litigation in the Court of Protection.

We work closely with our market-leading private client team to ensure that tax and structuring issues are fully integrated into the strategy for resolving a dispute. 

Our range of services includes:

  • Court of Protection applications and disputes;
  • deputyship disputes;
  • disputes as to the validity of powers of attorney and attorney removal or replacement;
  • freezing orders;
  • statutory wills;
  • claims relating to alleged fraud and undue influence and recovery of property;
  • forgery claims; and
  • cross-border recognition of deputyships and attorneyships.

Recent work

Court of Protection proceedings

Advising the spouse of a very successful entrepreneur with dementia in relation to long-running and contentious Court of Protection proceedings regarding various challenges to the validity of lasting powers of attorney granted by our client’s spouse and the conduct of our client and their children in their role as attorneys.

Wide-ranging estate planning

Advising a businessman and philanthropist on wide-ranging estate planning matters whilst managing fluctuating capacity issues, which has required collaboration with medical specialists, management of an attorneyship for property and financial affairs, and drafting an urgent deputyship application during a period of incapacity to allow for ongoing management of the client’s complex and valuable assets and affairs.

Challenging the validity of an LPA

Advising a prominent businessman, who is an attorney under an LPA for property and financial affairs in the UK, in relation to an application that has been made in the Court of Protection challenging the validity of the LPA and our client’s suitability as an attorney. The applicant is also challenging the validity of an LPA for health and welfare, the donor’s capacity to litigate proceedings and the contact arrangements in place between the donor and the applicant.

Advising a litigation funder on a client’s loss of capacity

Advising a litigation funder on approaching and managing a situation where their funded individual had lost capacity to manage their property and financial affairs, in particular in the context of the appointment of a professional deputy and a potential change in litigation friend.

Large international trust structure

Advising the settlor of a large international trust structure in circumstances where private trustee companies have raised questions about the settlor’s capacity, which included assessing our client’s capacity to litigate and supporting them in how to respond to questions raised about their capacity.

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Related contacts

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Lloyd Charles

Charles Lloyd

 Partner
+44 (0)20 7849 2338 Email Charles
Arr Jonathan

Jonathan Arr

 Partner
+44 (0)20 7849 2810 Email Jonathan
Doherty Elizabeth

Elizabeth Doherty

 Partner
+44 (0)20 7849 2859 Email Elizabeth

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