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Court of Protection, Mental Capacity & Care

Helping you navigate the Court of Protection and care funding with clarity, compassion and expert legal support.

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Clarity in a complex world.

When a loved one loses the ability to make decisions for themselves, it can be overwhelming to know where to turn. Whether you're navigating the Court of Protection, planning for future care, or facing a dispute, our specialist team is here to guide you with clarity, compassion, and expert legal advice.

We work with families, carers, attorneys, deputies, and professionals to protect the rights and wellbeing of vulnerable individuals - always putting their best interests first.

How we can help

We offer expert advice and representation across a wide range of matters, including:

 

Court of Protection

We support clients with all aspects of Court of Protection work, including:

  • Applications to appoint a Deputy for property, finances, or welfare
  • Advice for Attorneys and Deputies on their legal duties
  • Statutory Wills for individuals who lack capacity
  • Disputes over mental capacity or best interest decisions
  • Applications for one-off decisions, such as selling property or making gifts


Deputyships & Attorney Support

Whether you're applying to become a Deputy or acting under a Power of Attorney, we can help you:

  • Understand your responsibilities
  • Complete annual reports and manage finances
  • Make decisions about care, accommodation, and welfare
  • Apply to the Court for guidance or permissions

We also offer professional deputyship and attorney services through the Porter Dodson Trust Corporation.

 


Mental Capacity & Best Interests

We advise on all aspects of the Mental Capacity Act 2005, including:

  • Capacity assessments and best interest decisions
  • Disputes with health or social care providers
  • Deprivation of Liberty Safeguards (DoLS)
  • Supporting families to ensure their loved one’s voice is heard


Care Planning & Community Care Law

Planning for care can be complex and costly. We help you:

  • Understand your right to NHS and Local Authority support
  • Continuing Healthcare and Section 117 Aftercare
  • Challenge incorrect care funding decisions
  • Protect your assets and plan for future care needs
  • Navigate deferred payment agreements and deprivation of assets rules

Care Funding & reclaiming fees

If you or a loved one has been wrongly denied NHS Continuing Healthcare, we can help you:

  • Challenge decisions and secure funding
  • Reclaim care home fees - even after a relative has passed away
  • Bring retrospective claims for wrongly paid care costs


Safeguarding Vulnerable Adults

We advise families, carers, and concerned individuals on how to:

  • Respond to safeguarding investigations
  • Protect vulnerable adults from abuse or neglect
  • Work with social services to ensure appropriate care and support

Why Choose Porter Dodson?

  • Recognised excellence – Ranked in both The Legal 500 and Chambers & Partners for our expertise in private client services, including Wills, Trusts, and Probate.
  • Clear, compassionate advice – A dedicated team specialising in Court of Protection, mental capacity and care funding
  • Joined-up legal support – Our team works seamlessly across estate planning, tax and trusts, property, and disputes to protect your interests.
  • Trusted by generations – With deep roots in the community, we’ve supported families and business owners across the South West and beyond for decades.
Charlotte Cole - Colour - Low Res - 15th Aug 2023 - 005 copy

For legal advice on Court of Protection, Mental Capacity and Care

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I have used Porter Dodson over very many years. Their level of personal service, professionalism and understanding is incomparable. I would be very happy to recommend and appoint Porter Dodson for any legal advice. In particular I would like to express my personal thanks to Vicki Thyer who has advised, guided me and given me such confidence through several matters but very recently the recent probate of my late Father. I cannot thank you enough.

Andrew

It has always been a great pleasure to deal with Marie as she is friendly, warm and courteous and what is more, she has always responded promptly to my emails as well as answering any queries I may have had in a most helpful and reassuring manner which I have very much appreciated. Based on my recent experience, I wouldn't hesitate to recommend Marie's professional services.

Catherine

As Executor for my late husband ‘s will, I have been impressed by the service I have received from Porter Dodson Solicitors Wellington. Without exception, I have been treated with courtesy and kindness by the staff members I have had contact with throughout the process of obtaining Grant of Probate. Their professionalism is outstanding and I have been kept informed throughout. I have no hesitation in using their services in the future should the occasion arise. I felt their fees are reasonable and kept to the minimum where possible.

Judith

Ellice was very helpful and professional, she guided us through each stage of the documents that we completed and was very patient with us.

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