Frequently Ask Questions: Elderly Law and Mental Capacity

Category: Elderly Law, Mental Capacity

We recently featured Hilary on our #WhatWeDoWednesday post, highlighting her role and the type of clients that she is involved with. Today, we are showcasing some questions that she is often asked when working in the field of Elderly Law and Mental Capacity. Have read below to find out more!

Can you act for people?

I can act for people as their attorney if they have no family to help or no-one suitable.  I aim to ensure that their future care is what they want, so I spend time to find out about that person to ensure that their expressed wishes are honoured.


What is a best interests meeting?

The purpose of a best interests meeting is to decide an issue (often the provision of future care – including its location) for someone who lacks capacity to make that decision themselves.  Members of that person’s family should be invited to express their view on what that person would want, if they were able to say.  There are often 10-12 different health and social care professionals present and as family’s are already in distress because their loved one is unwell, they can find these meetings overwhelming.  I support the family to ensure that they feel that they have someone on their side and to ensure that their voice is heard.


What is deputyship?

When someone loses capacity and they do not have Powers of Attorney in place, then the family member will need to apply to the Court of Protection for a Deputyship order, so that they can manage their affairs.  The deputy is then monitored by the Office of the Public Guardian and they will have to make annual submissions of their work.  I can assist with the application and if no-one else is available can act as deputy.

About Hilary

To end today’s post we have a small piece from Hilary about her career and time here at Nash & co.

‘I joined Nash & Co as a paralegal in April 2010, having completed my LPC and worked for Foot Anstey for 15 months in their Wills & Probate team.

I completed my training contract with Nash, who provided an excellent training programme and was admitted to the roll on 1 March 2010.  At this time I was working in the Wills and Probate department and was beginning to specialise in elderly and vulnerable clients.

I was made an Associate on 1 May 2012 and a Partner on 30 January 2014.  The promotion was a huge boost for my confidence and developing a speciality has earned me a strong reputation for the work that I do, which I love.  I have also been supported to pass my specialist exams for Solicitors for the Elderly and STEP (Society of Trust and Estate Practitioners).

I work for a great firm that expects professionalism from all the staff and has been very supportive towards me both professionally and in my personal life.  I consider myself to be very lucky.’