Mental Health

Care for people losing capacity

There are many people for whom mental capacity may be an issue, including those with learning difficulties, those suffering from severe autism or dementia, those who may have had a stroke or been injured and, of course, their respective carers or family members.

We understand that caring for vulnerable individuals and managing their affairs is not always straightforward. That’s why our team provide cohesive, practical and to the point advice and representation for you to make things easier and less complicated. We’ll empathise with your situation and do all we can to help.

Helping you make decisions for people who can’t make them themselves

All matters regarding the possible loss of mental capacity are dealt with by the Court of Protection, a specialist court designed to make decisions for people who are considered to lack capacity to make their own decisions. The decisions could be about day-to-day things, like what to wear or when to pay a bill‚ or they could be more important decisions, such as where to live or whether to have a certain type of medical treatment.


We offer legal advice to help you plan your own future too

If you’d like to plan for the possibility of losing your own mental capacity we can provide advise on the creation of Lasting Powers of Attorney (LPA). An LPA allows someone you trust to manage your financial affairs or make personal welfare decisions on your behalf in the event that you lose the ability to make such decisions yourself.


If you have a relative or friend who no longer has the capacity to make a Lasting Power of Attorney, we can assist you with an application to the Court of Protection to appoint a ‘deputy’ to manage their affairs. If there is no suitable deputy, a member of our team can be appointed deputy by the Court.


What’s more, we can come and see you at home, if that makes you feel more comfortable.


Visit our glossary section where we explain some of the legal terms you may come across when caring for someone losing capacity.


We can help with...

Looking after older adults

The creation and registration of Lasting & Ensuring Powers of Attorney

Deputyship applications and administration

Care home fees planning

Advance decisions for medical care and life sustaining treatment

Meet the WSP team

Meet the team

Kirstie Carr Wills Trusts Probate Associate Solicitor Dursley

Kirstie Carr

Associate Solicitor

Dursley Office

Carole Haestier Wills, Trusts and Probate Solicitor Stroud

Carole Haestier

Solicitor (on maternity leave)

Stroud Office

Image coming soon WSP Solicitors

Simon Hollis

Locum Solicitor

Nailsworth Office

Niamh McAlonan, Wills, Trusts and Probate Director at WSP Solicitors Stroud

Niamh McAlonan

Director | Co-Head of Wills, Trusts & Probate

Stroud Office

Image coming soon WSP Solicitors

Kelly McCarthy

Locum Solicitor

Stroud Office

Matthew Penley Wills Trusts Probate Solicitor in Dursley

Matthew Penley


Dursley Office

Robert Selwood Wills Trusts and Probate Solicitor Nailsworth

Robert Selwood


Nailsworth Office

Rebecca Tribble Wills Trusts Probate WSP Solicitors

Rebecca Tribble


Stroud Office

Ashley Wallace-Cook, Wills, Trusts and Probate Director at WSP Solicitors Gloucester

Ashley Wallace-Cook

Director | Co-Head of Wills, Trusts & Probate

Gloucester Office

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Making Care for people losing capacity less complicated

Can you help me with jargon I may come across?

Adult Social Services: Care and support services provided to adults who require assistance, perhaps due to their vulnerability, disability, health or well-being, which aim to promote independence and safeguarding.


Best Interest Meeting: A best interest meeting will be required if there are different opinions about what is in the client’s best interests and a consensus can’t be reached. Opinions may differ between professionals or other interested parties such as relatives.


Court of Protection (COP): A specialist court for all issues relating to people who lack the capacity to make specific decisions. The court makes decisions and appoints deputies to make decisions in the best interests of those who lack capacity to do so.


Deputy: If a relative or friend has lost the ability to make decisions for themselves and cannot create a Lasting Power of Attorney, we can assist with an application to the Court of Protection for the appointment of a person suitable to manage their affairs known as a Deputy.