Zena Bolwig

Zena specialises in advising on and challenging various assessments, best interests decisions, and safeguarding processes involving the an overlapping expertise in the Mental Capacity Act, Care Act 2014, Mental Health Act 1983, The Human Rights Act 1998 and the High Court’s Inherent Jurisdiction, including in relation to capacity, best interests, deprivation of liberty, international protective measures, attorney and deputyship disputes, challenges to Lasting Powers of Attorney (LPAs), applications for Deputyship and statutory wills.  

• Acted for mother of a young man with severe learning difficulties – challenged inadequate provision in a private supported living placement. 
• Acted for a severely disabled young woman who had been moved to England from America – successfully challenged the recognition of New York Letters of Guardianship on public policy grounds involving issues of habitual residence, capacity, best interests and deprivation of liberty care planning. 
• Advised on complex issues ahead of a planned health and welfare deputyship application involving issues of cross border recognition and enforcement. 
• Acted for daughter in relation to an urgent objection to the registration of her mother’s Enduring Power of Attorney (EPA) due to concerns about brother’s conduct as attorney. 
• Advised the Chair of a rare genetic condition charity on appeal prospects regarding a refused personal welfare deputyship application. 
• Acted for husband after wife’s hospitalisation in relation to the duties he owed under her Lasting Power of Attorney, and on care planning, hospital discharge, care home placement, and rehabilitation. 
• Acted for family of incapacitated elderly mother due to urgent concerns regarding care funding, care home disputes with the local authority, deputyship, and deprivation of liberty issue. 
• Acted for elderly woman in a contested statutory will application following her sudden loss of capacity after she had prepared but not yet executed a will.  
• Acted for son in urgent deprivation of liberty (DoLS) proceedings regarding his father’s residence, care, and contact. 
• Instructed by the Official Solicitor in Court of Protection proceedings regarding safeguarding and undue influence concerns regarding an elderly woman, as well as care, residence, and contact disputes, and application by the local authority to revoke her property and affairs Lasting Power of Attorney (LPA) 
• Acted for son of an incapacitated elderly woman in his role as attorney for his mother under a property and affairs and health and welfare Lasting Powers of Attorney (LPA), in relation financial abuse allegations and a move to China.  
• Advised in relation to a safeguarding dispute over contact between a son and his elderly mother who was receiving end-of-life care. 
• Acted for a young man with Bipolar Disorder in relation to detention under section 2 and then section 3 of the Mental Health Act 1983 
• Acted for a mother of a young man who lacked capacity to make various decisions, when he fled to Canada. Involved consideration of repatriation, and the complex overlap between obligations owed under the Mental Health Act 1983, the Care Act 2014 and the Mental Capacity Act 2005. 
• Acted for father of incapacitated young woman in highly contentious dispute about where his daughter should live, in opposition to his ex wife – complex underlying issues of safeguarding involving sexual abuse. 
• Acted on behalf of an Irish man living with dementia in a London care home; secured return to Ireland in line with his wishes. 
• Acted for a client regarding concerns about a local authority’s unlawful action ignoring her spiritual and religious needs in best interest decision making, also involved safeguarding failures, and disputes under the Mental Capacity Act 2005 and the Care Act 2014. 
• Acted for incapacitated young man living with Autism and learning difficulties in relation to a challenge by his mother to the deprivation of his liberty in a supported living placement. Resulted in a significant costs award against the local authority.  
• Acted for disabled young woman who had been forced into a marriage with an older man; complex litigation involving capacity to consent to sex, to marry and in relation to contact, involving an extensive fact-finding hearing. 
• Acted on the instructions of his mother, for a young man forced to reside in a care home against his wishes. The resulting judgment provided novel guidance on Deprivation of Liberty proceedings. 
• Acted on the instructions of a professional deputy in relation to a care funding complaint against the local authority, relating to a woman who was the subject of long running Court of Protection proceedings. 
• Advising father of incapacitated son in relation to proceedings instigated by the Office of the Public Guardian (OPG) regarding his management of his sons property and affairs under a Lasting Power of Attorney (LPA).  
• Advised brother and mother of disabled young woman who was the subject of lengthy Court of Protection proceedings in relation to the merits of a health and welfare deputyship application, the care planning obligations owed by the local authority under the Care Act 2014 and Mental Capacity Act 2005 and the potential routes for challenge, including complaints to the Local Government and Social Care Ombudsman (LGSCO).  
• Advised brother and sister in relation to their powers, duties and obligations as attorneys for their mother under her Lasting Power of Attorney for property and affairs, specifically in relation to their powers to gift property and/or funds from her estate. 
• Urgently advised father of vulnerable young man about urgent concerns regarding proposed international travel by his son to enrol in the military overseas.  
• Advised employer regarding the law and their obligations arising under the Mental Health Act 1983 and the Mental Capacity Act 2005, regarding an employee who had suffered a mental health breakdown at work.  

Zena routinely acts on the instructions of the Official Solicitor, family members, advocates, deputies and advocates on behalf of adults with significant brain injuries, lifelong disabilities, neurodiversity and/or learning difficulties to resolve disputes about their care, medical treatment, safeguarding and hospital discharge.  

• Acted on behalf of an elderly client seeking to challenge an NHS decision to amputate his leg, arising from unstable diabetes. 
• Advised mother of vulnerable young man on care funding options including Continuing Healthcare funding (CHC) and the routes of appeal.  
• Acted for client in a health and welfare dispute with her partner’s sons about urgent medical treatment, residence, and care. 
• Acted for mother of a young man in lengthy contested Court of Protection proceedings regarding the proposed withdrawal of life sustaining treatment. 
• Advised a doctor about the requirements of and obligations owed under the Mental Capacity Act 2005, in relation to urgently required medical treatment of a young woman.  
• Advised the Chair of a rare genetic condition charity on appeal prospects regarding a refused personal welfare deputyship application required in relation to medical treatment. 
• Acted for husband after wife’s hospitalisation in relation to the duties he owed under her Lasting Power of Attorney, and on care planning, hospital discharge, care home placement, and rehabilitation. 
• Acted for a young man with Bipolar Disorder in relation to detention under section 2 and then section 3 of the Mental Health Act 1983 
• Acted for a mother of a young man suffering a serious relapse in his mental health condition, when he fled to Canada. Involved consideration of repatriation, and the complex overlap between obligations owed under the Mental Health Act 1983, the Care Act 2014 the Mental Capacity Act 2005 and the High Court’s Inherent Jurisdiction. 
• Advised in relation to a safeguarding dispute over contact between a son and his elderly mother who was receiving end-of-life care. 
• Represented family of young woman with Down’s syndrome who suffered a brain injury following an unexplained fall, in relation to complex issues of discharge planning and safeguarding. 
• Acted for daughter of an elderly incapacitated woman in a bitter dispute with her brother about hospital discharge and ongoing residence and care funding options for their mother.    
• Acted on behalf of the late Srichand Parmanand Hinduja in lengthy contested Court of Protection proceedings involving challenges to his Lasting Power of Attorney for property and affairs and complex issues including healthcare, hospital discharge, and safeguarding.  

Zena represents high-net-worth clients in capacity, best interests, hospital discharge and safeguarding disputes, and in navigating complex Lasting Powers of Attorney (LPA) and Deputyships disputes and  cross-border property affairs and welfare difficulties, and wider family conflicts under the Mental Capacity Act 2005, the Care Act 2014, the various NHS Acts and Regulations, the Human Rights Act 1998 and the High Court’s Inherent Jurisdiction.

• Acted on behalf of the late Srichand Parmanand Hinduja in lengthy contested Court of Protection proceedings involving challenges to his Lasting Power of Attorney for property and affairs and complex issues including privilege, healthcare, hospital discharge, and safeguarding.  
• Acted on behalf of an ultra-high-net-worth Montenegrin national with dementia, in dispute over residence between London and Montenegro. 
• Acted for a high-net-worth individual whose wife lacked capacity; allegations of control found unfounded. 
• Created LPAs for an England domiciled HNW individual with property in England and South Asia; safeguarding and coercive control concerns addressed. 
• Prepared and filed a property and affairs Deputyship application for the brother of a wealthy London businessman following the brother’s sudden an unexpected traumatic brain injury following a road traffic accident. 
• Advised and assisted an UHNW international client based in Lebanon in relation to the urgent creation/registration of a Lasting Power of Attorney (LPA) for property and affairs in England

Recognised by Chambers UK for Mental Health: Patients 2024, 2026

Recognised by Chambers UK for Mental Health: Patients and Court of Protection: Health & Welfare 2025 – 2026

Recognised by The Legal 500 as a Leading Partner for Court of Protection 2025-2026 

Pro Bono Recognition List of England & Wales 2024–2025  

Recognised in The Legal 500 2024 as a Leading Individual for Private Client: Court of Protection 

Recognised in The Legal 500 2024 as a Next Generation Partner for Public Sector: Healthcare 

Recognised by The Legal 500 as a leader in the field since 2016; now recognised in Band 2 for Court of Protection work 

Recognised by Chambers since 2017; now ranked at Band 2 in relation to Court of Protection work and Mental Health work. 

Won the Modern Law Awards, Rising Star Award in 2016. 

Specialist Mental Capacity trainer for City Law School (for the training element of the Law Society’s MCA Accreditation) throughout 2017

Vice Chairperson of the Court of Protection Practitioners Association (CoPPA) 

Committee member of the Professional Deputies Forum (PDF) 

Fellow of the European Legal Institute (ELI) 

Accredited Legal Representative (ALR) under the Law Society’s Mental Capacity (Welfare) Accreditation scheme 

Supervisor for Queen Mary University’s Legal Advice Clinic 

Mentor – London School of Economics (LSE) Public Interest Careers Mentorship Scheme 

Member of the Human Rights Lawyers Association (HRLA) 

Associate member of the National Mental Capacity Forum 

Dementia Friend 

Member of Gray’s Inn