Overview
I am a Senior Associate Solicitor, and Head of Mental Capacity at Michelmores LLP. I am a passionate defender of the rights of people who lack the mental capacity to make 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. My work is my vocation; I cannot imagine doing anything else. I have specifically chosen a career that enables me to work on behalf of vulnerable people, as well as for their families, deputies and attorneys.
The issues that I help resolve range from appointing deputies and attorneys, questions about day to day financial management, both onshore and offshore, gifting, issues around capacity to litigate, to matters relating to the capacity to marry, purchasing and selling property and making a will. I also deal with concerns about financial abuse. I regularly provide advice to other teams in Michelmores LLP where mental capacity issues arise.
Alongside my client work, I am proud to be able to contribute to the shaping of policy regarding mental capacity law.
I am a founding member of the practitioner group that established the Mediation in the Court of Protection pilot scheme, is Deputy Chair of the Mental Capacity Special Interest Group for STEP; a member of the South West Court of Protection Practitioners Association and a stakeholder at the Office of the Public Guardian.
I hold a full STEP diploma and is an accredited member of Solicitors for the Elderly, holding their Older Client Care in Practice qualification.
I have written many articles for various professional publications including:
- Removing Trustees: a short guide – UK
- All change? Digitising the Lasting Power of Attorney – My Power of Attorney
- Modernising lasting powers of attorney: change is coming – Legal Futures
- At capacity | Feature | Communities – The Law Society
- Introducing the winter 2022 edition of Entitlement (titleresearch.com)
- Making an exit | Feature | Communities – The Law Society
- A fine line | Feature | Communities – The Law Society
- The hidden link | Feature | Communities – The Law Society
- Back to Basics: Removing and retiring trustees and PRs | Feature | Communities – The Law Society
Recent experience
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
Advising the family of a gentleman with capacity issues regarding the removal of his attorney for property and financial affairs and health and welfare where there were concerns that the attorney was not acting in his best interests
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 attorneys for an elderly parent in respect of obtaining appropriate care and support for their parent, and state obligations in respect of funding and arranging the same
Facilitating the making of an LPA for a gentleman with significant mental health issues, to enable him to access support in the ongoing management of his estate
