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Capability Issues covers how a person’s capacity to make decisions about their welfare, health or financial affairs is assessed and safeguarded, and what happens when capacity is in doubt. A solicitor helps gather medical and social evidence, prepare applications or contentious proceedings in the Court of Protection, and navigate deputyship or lasting power of attorney processes to protect the person’s best interests and rights.

Why this work is usually handled by a solicitor

When capacity is in doubt, the consequences can affect care decisions, financial control and personal autonomy; a solicitor provides regulated support through the Court of Protection, deputyship applications and safeguarding processes, offering guidance on evidence gathering, statutory duties and potential remedies.

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