Clients Who Lack Capacity and Family Law

Dealing with family issues can be difficult at the best of times, but questions around capacity can add a layer of complexity. This is equally true when dealing with vulnerable clients. Our team have the expertise and experience to provide the extra support needed to navigate difficult periods.

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Meet the team

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Working with the people you care about

We will do everything necessary to make things easier for you or someone vulnerable that you care for.

Working closely with our Older and Vulnerable Clients team, we have the experience needed to be able to support you or someone vulnerable that you care about. If our client has been deemed to lack the requisite capacity, we can help identify someone who has authority to provide instructions on their behalf.

If court proceedings are necessary, we will help identify a litigation friend to be appointed to give instructions and conduct proceedings. This will often be the individual’s attorney or court appointed deputy, although there are rules and limitations on what can be done without the relevant authority.

Providing the right support to vulnerable clients

There are times when those instructing us lose, or have lost, the requisite mental capacity to make significant decisions that have legal consequences. However, capacity is decision-specific, so they may be able to make decisions about some things but not others.

As legal advisors it is our professional duty to make sure our clients can give proper instructions on the issues at hand. The starting point is the presumption that an adult client has capacity. If we are in any doubt and unable to make a satisfactory capacity decision, we will obtain an expert’s opinion by way of a capacity report.

Two Family Lawyers in our Wye Valley office

Our expertise

We’ll work with you and the people you care about on the issues affecting them to ensure a resolution.

This includes pre and postnuptial agreements , cohabitation agreements between unmarried couples living together, as well as those facing divorce.

We also have expertise in negotiating arrangements for children.

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Legal updates and thought leadership

Charlotte Thornton Smith and Rebecca Leask
Resource
20 June 2025 1 minute read

About Us

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Hear what our clients say about us

I instructed Laura half way through my divorce proceedings and I knew from the outset that I was in excellent hands. Laura is compassionate, diligent, professional and always understanding my concerns whilst advising me through the whole process. I would highly recommend Laura and I am so grateful for all her hard work and help. Laura is a credit to HCR Law.

Client testimonial Divorce advice

Laura and her talented team have been with me from start to finish on my divorce and her pragmatic family focussed approach has been invaluable. Laura is deeply experienced, knowledgeable and capable and was able to front-run and handle difficult matters for me. With Laura’s support I always felt like I had someone in my corner who wanted the best for me and my family and I will be forever thankful.

Client testimonial Divorce advice

I was so impressed with HCR Law and could not have asked for better representation over the course of my divorce. Anita provided clarity and reassurance in meetings and emails, she was also so professional and assertive in the family court. HCR succeeded in getting me the outcome I wanted.

Client testimonial Divorce Proceedings

Thank you so much for all of your help and hard work in my divorce, I’m so grateful every day.

Client testimonial Family Law

You’ve substantially eased a very difficult period in my life and can’t thank you enough for your consistent professionalism, expertise and kindness.

Client testimonial Family Law

It feels like no words could ever truly express the depth of my gratitude for all the support, containment and guidance you have given me over the last 3 and a half years.

Client testimonial Family Law

Big thank you James and Kelly for all your help, support and a fantastic result in court.

Client testimonial Family Law

Thank you and your team for helping me … you’ve been brilliant!

Client testimonial Family Law

I still can’t believe it’s finally over. Thank you so much for all you have done, can’t thank you enough. I am sleeping much better at night.

Client testimonial Family law

Thank you so much. Now I can move forward. I would like to take this opportunity to thank you for all your help. I really would have caved in many times but with your support and guidance you helped me battle on.

Client testimonial Family law

I can’t imagine what it would have been like had I not had you on my side and guiding me through all of this. I am so very grateful.

Client testimonial Finances following a divorce

As ever, you’ve been brilliant Hannah. I wouldn’t say each time we chat it’s the best moments of my life but each time you blend a mix of fantastic advice, legal professionalism as well as just being there for me to vent anytime I’ve needed. Your advice (even when I haven’t always wanted to hear it) has been well founded and always with the desire to get the best outcome possible in mind. I’d absolutely recommend you to anyone going through a family matter as the only person to go and speak to so a huge thanks for everything despite how challenging a situation it’s been for me.

Client testimonial Family law

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