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

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I instructed Ellice Pounder recently to write my Will. She was excellent, very professional and I was well advised throughout the process. I would highly recommend Ellice.

Beth

I experienced a very helpful, friendly and approachable service whilst accepting advice during the appointments I attended for the making of my Will.

Marion

I would like to repeat my thanks to you and Caitlin for all the work involved in setting up our Lifetime Settlement. The Trust Deed was clear and followed the expressed wishes we gave you. You kept us fully informed at all times and the preparation, completion and registration were carried out in a most professional way with minimum delay. I would not hesitate to recommend Porter Dodson to any family member or friend seeking legal advice on trusts and wills and other related legal matters.

Michael

I would like to say a special thank you to Rose who has always been very approachable and friendly, leaving me at ease whenever I have had a question.

Debbie

Legal Awards and Accreditations

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