Ep.2: Navigating loss of capacity and complex assets

In this episode, our experts explore the legal and practical implications when individuals with significant or intricate assets lose capacity.

Date Thursday, 21 August 2025

Welcome to Signed & Sealed, the go-to podcast from Foot Anstey for everything succession and tax. Join our expert team and guest speakers as we dive into the big questions and the finer details around planning for the future. From smart succession strategies and wealth preservation to wills, power of attorney, probate and beyond, this series offers practical insights, expert tips and real-world advice to help you stay one step ahead.

In our second episode, our experts explore the legal and practical implications when individuals with significant or intricate assets lose capacity. Partner, Rachel Brooks and Managing Associate, Robert Davies are joined by Georgia Bedworth, Counsel at Ten Old Square to discuss topics such as lasting power of attorney (LPAs), disputed wills, property issues, and safeguarding vulnerable individuals.

What's in this episode?

In this episode, our experts discuss:

  • How to establish whether a person lacks mental capacity and what options follow from that assessment.
  • The role and limitations of LPAs and how attorneys should act in practice.
  • Key issues in estate planning where mental capacity is a concern.
  • How the Court of Protection addresses property, cross-border assets, and disputes involving wills or attorneys.

Podcast speakers

Useful resources

Access all episodes of our podcast via our dedicated Signed & Sealed podcast page

We'd love to know what you thought of this podcast episode, as well as any of the other episodes in our series! We'd also really appreciate any ideas you had on future topics you'd like us to discuss. Please do reach out and we look forward to hearing from you!

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Ep. 2: Navigating loss of capacity and complex assets