Mental Capacity & Court of Protection

"Holly's approach encompasses a consideration of all available options based upon extensive experience, knowledge and skill. She has an incisive mind and is highly attuned to dealing with clients."

Chambers UK 2025

Expert legal advice on mental capacity issues

Michelmores recognises the deep importance and impact of mental capacity issues to any individual or family impacted by them. We are unique in our approach, as we not only have the in depth mental capacity specialisms in Deputyship, statutory wills, Lasting Powers of Attorney, care, and disputes that you would expect, but the members of our Mental Capacity Group have specialisms from across the firm, including contentious and non-contentious trusts, family law, estates and taxation, probate, care fee planning, international and high-net- worth estates, and agriculture.

We combine our nationally recognised mental capacity specialism with other niche expertise, to provide a truly exceptional client service from start to end.  We can support, advise and guide you at every step of the process, and think outside of the box. We have a strong emphasis on trying to resolve contentious matters by way of mediation and agreement if it is possible to do so. We put the person experiencing mental capacity issues at the very heart of everything we do.

Comprehensive legal support

We are unusual in our offering as we deal with the full range of both contentious and non-contentious mental capacity issues and are renowned for our highly technical abilities and detailed knowledge of the law, supporting legislation, process and guidance.

We are regularly referred work by other solicitors, and lead the way in developing mental capacity law, and work closely with fellow professionals, the Office of the Public Guardian, the Court of Protection, Solicitors for the Elderly, The Law Society, Society of Later Life Advisors, and other professional bodies to do so.

Recent experience

Advising an attorney concerned with financial abuse of a loved one by family members.

Advising attorneys and deputies in respect of OPG investigations.

Advising attorneys / Deputies in relation to disputes.

Advising on capacity questions relating to gifting.

Advising minor beneficiaries and other family members in respect of statutory wills.

Acting as professional deputy in high value clinical negligence and personal injury matters.

Advising on care fee planning and third-party liability for the same.

KEY CONTACTS
Holly Mieville-Hawkins
Holly Mieville-Hawkins
Senior Associate
TEAM
Sarah Green
Sarah Green
Partner
Charlotte Coombs
Charlotte Coombs
Senior Associate
Gemma Shepherd
Gemma Shepherd
Senior Associate
Lisa Benham
Lisa Benham
Senior Associate
Emma Bryson
Emma Bryson
Associate
Hannah McElroy
Hannah McElroy
Solicitor
Fiona Allen
Fiona Allen
Senior Paralegal