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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 needed to renew my Will following bereavement. I knew what I wanted but needed advice on any implications which might arise. Eleanor was kindness itself, came to the house and took instructions. I was confident that what I needed to have done when the time comes has been put in place. I couldn't have wished for a better experience.

Private Client

My partner and I chose to use Porter Dodson to prepare our Wills as I had previously used them to help me with a family matter. We were treated with the utmost courtesy. All relevant aspects of the wills were fully explained to us and tailored to meet each of our individual needs. Within days we received draft copies to discuss with the Solicitor, before returning to sign the official documents. Jodie, our solicitor made us feel welcome on both visits and despite it being a very serious and though provoking matter she made us feel comfortable and relaxed, knowing that our wills meet our current needs, but can also be updated at any time in the future. We would fully recommend Porter Dodson.

Martin

Had a meeting with Sally Manning to discuss wills and LPAs for myself and my wife. From the very first meeting we both felt at ease and comfortable in Sally's office. We went on to have detailed discussions on what we actually wanted, everything was clearly and easily explained to us, again without any undue pressure. Over a couple of meetings we were very happy to proceed with our wishes. Again everything cleared explained including costs and timescale. We felt we had been listened to and our expectations were duly met. Very happy to highly recommended these solicitors and Sally in particular.

Dave

Excellent service given with helpful advice, kindness and consideration of our needs. Money well spent on a quality service. Thank you.

Private Client

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