Legal aid for those with lack of mental capacity
​If a loved one or person close to you is not able to make decisions for themselves, it can be extremely upsetting. The team at Brockbanks Solicitors provides guidance on the legal safeguards available to ensure that they remain protected. To learn more, arrange a meeting at any of our Cumbria offices, including Whitehaven.
Brockbanks Solicitors has your back
When a loved one loses capacity, you don't have to face it alone
Illness, stroke, or the gradual progression of conditions like dementia can leave families facing heart-wrenching decisions about the care and wellbeing of someone they love. When a person loses the ability to manage their own affairs, it’s more than just a legal issue; it’s a deeply personal and often distressing time. At Brockbanks Solicitors, we’re here to help you navigate this challenging period with clarity, compassion, and expert guidance.
Employing legal safeguards, such as the Power of Attorney document, can ensure those vulnerable remain protected. For advice and to discuss the options for your family, find your local branch today.
Understanding your options
Here to help, every step of the way
When capacity is lost, families are often left feeling overwhelmed, unsure of what decisions they can legally make, and uncertain about how best to protect their loved one’s interests. That’s where we step in. Our experienced team specialises in helping families understand their options and take the right legal steps to safeguard the wellbeing, finances, and dignity of those who can no longer make decisions for themselves.
Whether you need to apply for a Deputyship Order through the Court of Protection or explore and understand the conditions of a Living Will, we’ll be by your side at every stage, ensuring your actions are legally sound and emotionally supported.
Why legal support matters
Without the right legal authorisation, even the most well-intentioned family members can face roadblocks. Banks may freeze accounts, care providers may be unable to take instructions, and vital decisions about medical treatment or living arrangements may be delayed. These barriers can add enormous stress during an already difficult time. By seeking legal advice early, you can:
​
-
Avoid unnecessary delays in arranging care or managing finances
-
Ensure your loved one’s wishes and best interests remain at the centre of every decision
-
Protect against legal disputes or miscommunication within the family
-
Gain the confidence and peace of mind that comes from doing things the right way
Deputyship Applications
If a loved one or relative has already lost mental capacity, they can no longer make a Lasting Power of Attorney. In these cases, you may need to apply to the Court of Protection for a Deputyship Order. This process allows a Deputy to be legally appointed to make decisions on their behalf.
​
There are two main types of deputy:
-
Property and Financial Affairs Deputy – manages finances, bills, pensions and property.
-
Personal Welfare Deputy – makes decisions about care, medical treatment and day-to-day wellbeing.
​
A deputyship application ensures that the person’s best interests are protected and that their affairs can be properly managed going forward. For more details on the application process and responsibilities, contact us or visit the government website.
Let us help you through challenging times
For expert support when it matters most, call us on