"She is dynamic and passionate about the work."
Chambers UK 2022
"You have not only given very sensible advice but you have been the most sensitive, respectful and caring person we could have met. You have given us so much over the years and we feel you are more like part of our family as well as being very professional in your position. You have always been on the other end of the phone and nothing has ever been too much trouble."
"Holly Mieville-Hawkins manages her team well and communicates the correct amount of information in the appropriate manner rather than just legal jargon. She is responsive, accurate, helpful and respected by her team."
Holly is a passionate defender of the rights of people who lack the mental capacity to make certain decisions for themselves. This is typically as a result of the person suffering a brain injury, or as a result of an illness such as stroke and dementia. Holly has chosen a career that enables her to work on their behalf, as well as for their families, deputies and attorneys.
The issues Holly helps to resolve range from appointing deputies and attorneys, and questions about day to day financial management and gifting, to matters relating to the capacity to marry, purchasing and selling property and making a will. Holly also deals with concerns about financial abuse. She regularly advises on contentious and non-contentious applications to the Court of Protection, and situations where there are complexities involving land and trustees, offshore assets and special trust and tax considerations for vulnerable people.
Alongside her client work, Holly is dedicated to contributing to the shaping of policy regarding mental capacity law, and helps to draft guidance for the profession.
Holly is a founding member of the practitioner group that established the Mediation in the Court of Protection pilot scheme, and is currently a member of the Wills and Equity Committee at the Law Society; a member of the South West Court of Protection Practitioners Association and a stakeholder at the Office of the Public Guardian.
Holly holds a full STEP diploma and is an accredited member of Solicitors for the Elderly, holding their Older Client Care in Practice qualification.
Outside of work, Holly spends her time wrangling her small children, going on lengthy countryside walks with her border terrier, Stan, and dreaming of narrowboats.
- Acting for the proposed attorney of an Enduring Power of Attorney in a contested application for his removal. Holly negotiated a settlement in her client's favour without the need for a final hearing saving significant time and cost for the family, and the outcome was endorsed by the Court of Protection and the Enduring Power of Attorney registered at the Office of the Public Guardian.
- Acting for the minor child in an application for a new statutory will for his father, who had a significant brain injury. The matter was highly contentious and the estate was significant following a personal injury award, however resolution between parties, including the Official Solicitor, was reached without the need for a hearing, and the minor client's interest in his father's estate was protected, and the estate settled in a tax efficient manner.
- Advising a professional guardian in Australia about mental capacity law in England and Wales, and seeking recognition of her authority in England and Wales. The recognition will allow her to administer and protect her client's English property with the need to obtain a further deputyship Order, saving her time, money and paperwork, and enabling the client's global assets to be efficiently managed.