As family lawyers we deal on a daily basis with people in a state of distress, as well as those suffering with mental health issues (at times brought on by the inevitable stress that comes with family breakdown). With changes in social trends we are also increasingly advising elderly clients as the number of ‘silver divorces’ rises.

As a result, family lawyers occasionally find themselves in situations where questions arise as to the capacity of their client. But what checks and balances are in place to ensure that our most vulnerable clients are protected, and what is the procedure to ensure that such clients’ interests are properly represented within proce...

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