Mental capacity

Dealing with a family member who is losing mental capacity is often stressful and upsetting. We help clients put arrangements in place before they lose capacity to take some of this stress off their family and to ensure they can be looked after in that situation. 

We prepare enduring powers of attorney for clients. These documents allow you to nominate someone to make financial and personal decisions for you should you lose the ability to do so. We advise clients on the restrictions they may want to place on their attorneys and ensure they have a full understanding of the effects and implications of granting enduring powers of attorney. 

If your family member loses capacity and does not have enduring powers of attorney in place, we can prepare applications to the Family Court for the appointment of property managers and welfare guardians. If necessary, we can apply for the property manager to execute a new will for the person who has lost capacity. 

We also act for clients who are concerned about an attorney’s decisions and the actions they may be taking. We represent clients bringing and defending applications to review an attorney’s decisions or remove an attorney.