Mental Capacity and Court of Protection
Mental capacity and the law
Mental capacity means the ability to make your own decisions.
Mental incapacity could be caused by many reasons including:
- accident
- dementia
- stroke
- medical negligence
- learning disability
- severe mental health issues
The law surrounding mental capacity can be difficult to navigate. It’s common for issues or disputes to arise when an individual has lost capacity and decisions need to be taken on their behalf. This can be a distressing situation for family members who are navigating their loved one’s ill health, and legal complexities, at the same time.
Our specialist team have experience in providing sympathetic and comprehensive support to vulnerable clients and their families. We are always happy to discuss any issues or concerns you may have which relate to you or a loved one.
Court of Protection solicitors
The Court of Protection is a specialist court that make decisions for those who lack mental capacity. The court is based in London, but cases are usually dealt with on paper without a hearing.
Court of Protection applications can be daunting and complex. We’d always recommend using a Court of Protection specialist solicitor.
Send us a message

“We provide clear and compassionate advice during a difficult time.”
Jeremy Allen
Head of Mental Capacity and Court of Protection
How our Mental Capacity and Court of Protection lawyers can help

Jeremy Allen
Partner & Head of Trusts and Court of Protection
Jeremy Allen is a Wills, Probate and Trusts specialist at Rothera Bray Solicitors and is based at our Lace Market offices in the heart of Nottingham City Centre.

Emily Gordon
Senior Associate
Emily Gordon is a Senior Associate in Rothera Bray’s Mental Capacity and Court of Protection department and is based at our Nottingham office.

Lyndsey Hudson
Solicitor
Lyndsey is a Solicitor in Rothera Bray’s Mental Capacity and Court of Protection department. She is based at our Nottingham office.

Louise Mathison
Senior Paralegal
Louise Mathison is a Senior Paralegal in Rothera Bray’s Mental Capacity and Court of Protection department and is based at our Lace Market, Nottingham office.

Jessica Redden
Paralegal
Jessica Redden is a Paralegal in our Mental Capacity and Court of Protection department and is based at our Lace Market, Nottingham office.
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Posted 20 May 2026
We recently wished to effect a Declaration of Trust and changes to our tax positions with HMRC. It turned out to be relatively straightforward. However, in large part this was probably due to Ed Granger who dealt with the matter for us. He was highly attentive, full and clear in his explanations and checked our inputs thoroughly at every stage. Highly diligent, very pleasant and quick to respond. Thank you Ed.
Anonymous
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Posted 15 May 2026
From start to finish, the process of completing our LPAs and rewriting our wills was handled with professionalism and courtesy.
C & J Whiting
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Posted 15 May 2026
Ed was efficient and professional for a matter that needed to be sorted reasonably urgently. He was incredibly accommodating for meetings and explained the procedure and meanings of things very well so that I was able to make clear and informed decisions about what was suitable for me and my partner. Thank you.
Aimee Crawford
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Posted 6 May 2026
Following the death of our mother, we sought advice, guidance, and help with the probate and potential inheritance tax processes... We were not disappointed. From start to finish, Nelissa Hicks and Rothera Bray solicitors have provided a super-professional and speedy service. We'd recommend anyone, regardless of position and requirements to your needs, engage with them at the earliest opportunity, as we will do so again in the future.
Trevor F
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Posted 1 May 2026
The whole process was a delight and I very much appreciate the professional, straight forward way in which you dealt with myself and my sister. May I thank you very much indeed for all your work in this matter and please be assured that Rothera Bray will be my first choice for any further matters of this nature.
Dr Gregg
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Posted 29 April 2026
Ed, thank you so much for your totally efficient service over this work and especially the speed with which you have turned everything around. You really have starred throughout. We are extremely grateful to you.
Trust clients
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Posted 24 April 2026
Dealt with in a very professional manner any queries were explained in detail and with the draft wills. A very likeable and personable young lady. Many thanks
Wills client
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Posted 24 April 2026
Excellent service, provided by Ed Granger. Ed’s professionalism, advise, knowledge and overall understanding of what we required was outstanding. The time line to complete the process was remarkable. We would not hesitate to recommend his services.
Will Soubry
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Posted 9 April 2026
Nelissa made the whole process of setting up our estate after we have gone so easy and dare I say, her style made the experience an enjoyable one for such a morbid topic. She has a brilliant way of explaining the complex in a very simple pictorial representation making it it easy to decide the next course of action for our family. Extremely efficient and diligent - she was a pleasure to work with.
Arran
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Posted 26 March 2026
I have used Rothera Bray formerly Bray & Bray on several occasions mainly for advice on Will writing. I have always had excellent and speedy advice and service particularly from Amanda White. I would thoroughly recommend this company.
Richard Goodwin
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Posted 24 March 2026
The case was very complicated, and it was a great relief to know how to maintain the Trust in the future, thanks to Mr Byford leaving us relevant instructions after completing the case. Mr Byford provided me and my daughter professional support and guidance in friendly and informative manner during the meetings and in all communication.
Pirjo Gallagher
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Posted 19 March 2026
I have been dealing with Ed Granger to handle a Will and Trust Account. He has been extremely helpful and always took the time to explain the process and help me establish the Trust as per the wishes of the Will. Thank you Ed.
Don Hammond