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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Court of Protection, Mental Capacity & Care-resized

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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.

Every step of the process was explained fully. Excellent communication and prompt response to my emails. Suzanne’s professionalism and reassurance made a difficult time so much more bearable.

Karen

Very helpful and comprehensive service for both Trustee changes from Tom and Deeds of assignment from Clare. Complicated area of civil law that was laid out with clear path to achieve required changes and access to trust funds.

Mark

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