Court of Protection, Mental Capacity & Care

Need some expert advice? Don't have the answer?

We'll do our best to find a solution that works for you

Home/ Court Of Protection Mental Capacity Care

Introduction

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 rights to NHS
Continuing Healthcare or 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

Funding Care & 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, 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 for decades.

I am happy to say that I have been really impressed with how Porter Dodson has dealt with my case. Everyone has been very friendly, courteous, efficient and patient. I would certainly recommend your services.

Mrs C

We have used Porter Dodson twice for conveyancing and now for our wills. We have found their service and attention to be first-class and would highly recommend them.

Mr G

I have recommended you and I was pleased to suggest you are nigh on perfect!

Mrs C

First-class service from Sam Smith and Nicole Spencer-White. Extremely professional service throughout the case. Very clear and offered support and guidance. Would highly recommend your services to others.

Mr B