Clients Who Lack Capacity and Family Law
Dealing with family issues can be difficult at the best of times, but questions around capacity can add a layer of complexity. This is equally true when dealing with vulnerable clients. Our team have the expertise and experience to provide the extra support needed to navigate difficult periods.
Working with the people you care about
We will do everything necessary to make things easier for you or someone vulnerable that you care for.
Working closely with our Older and Vulnerable Clients team, we have the experience needed to be able to support you or someone vulnerable that you care about. If our client has been deemed to lack the requisite capacity, we can help identify someone who has authority to provide instructions on their behalf.
If court proceedings are necessary, we will help identify a litigation friend to be appointed to give instructions and conduct proceedings. This will often be the individual’s attorney or court appointed deputy, although there are rules and limitations on what can be done without the relevant authority.
Providing the right support to vulnerable clients
There are times when those instructing us lose, or have lost, the requisite mental capacity to make significant decisions that have legal consequences. However, capacity is decision-specific, so they may be able to make decisions about some things but not others.
As legal advisors it is our professional duty to make sure our clients can give proper instructions on the issues at hand. The starting point is the presumption that an adult client has capacity. If we are in any doubt and unable to make a satisfactory capacity decision, we will obtain an expert’s opinion by way of a capacity report.
Our expertise
We’ll work with you and the people you care about on the issues affecting them to ensure a resolution.
This includes pre and postnuptial agreements , cohabitation agreements between unmarried couples living together, as well as those facing divorce.
We also have expertise in negotiating arrangements for children.
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