Zena specialises in contentious and non-contentious health and welfare and property and affairs matters in the Court of Protection, and in relation to capacity, best interests & community care law more widely, including hospital discharge and care funding. Zena has a particular interest in cross-border mental capacity issues including repatriation and recognition and enforcement of foreign measures, mandates and powers of attorney in relation to adults.
She advises and advocates on behalf of clients in complex cases, which frequently involve novel issues including cross-border disputes, serious medical treatment, complex deprivation of liberty disputes, and capacity to consent to sexual relations, to marry and to have contact. She also acts in contentious property and affairs cases including disputes involving lasting powers of attorney and deputies.
The large majority of Zena’s cases have resulted in vulnerable clients returning to their homes, or to less restrictive care settings, or in regaining contact with loved ones, in line with their or their families’ wishes.
Zena is tenacious and meticulous in her approach to cases; you can see every angle has been covered.
Chambers UK 2022
Really top-flight solicitor, one of the best in the country. Fights her client’s corner fiercely and a pleasure to work with.
The Legal 500 2022
We were very fortunate to have Zena help us through an immensely difficult time regarding care funding for a loved one. She was extremely professional and answered all our questions with great care and consideration. Her vast knowledge on the process and why we were facing difficulties was a comfort and it was due to her guidance that we got a successful outcome. She is an asset to Keystone Law!
The Dattani family
Expertise
- Mental capacity
- Best interests
- Mental Capacity Act 2005
- Court of Protection
- Mental Health Act 1983
- Inherent Jurisdiction of the High Court
- Serious medical treatment
- Withdrawal of treatment
- Care Act 2014
- Human Rights Act 1998
- Convention on the Rights of Persons with Disabilities 2006
- Equality Act 2010
- Cross-jurisdiction cases
- Care planning
- Carers’ rights
- Hospital discharge
- NHS funded care services including NHS continuing healthcare funding
- Safeguarding issues
Experience
General
- Acted on behalf of a billionaire with Lewy Body Dementia, in proceedings brought by his brother; involved allegations of restrictions on contact and of manipulation and undue influence in the creation of his lasting powers of attorney.
- Acted on behalf of a very-high-net-worth Montenegrin national living with dementia; she was resident in London but her sister argued that she should be returned to live in Montenegro, against the wishes of her attorney and the relevant authorities. She remained in London in line with her latterly expressed wishes.
- Acted on the instructions of a high-net-worth individual whose wife lacked capacity to make decisions about where she lived; the relevant authority had concerns about his exercise of control over her in their marital home. The concerns were ultimately deemed unfounded.
- Acted on the instructions of the mother of a young man with severe learning difficulties; challenged inadequate provision of services in his private supported living placement and a lack of court authorisation. He was moved to alternative accommodation and an authorisation was granted, with his mum appointed as the relevant person’s representative (RPR).
- Acted on behalf of a severely disabled young woman moved to England from the United States by her mother; the proceedings dealt with mother’s application for recognition of Letters of Guardianship granted in New York, a challenge to the Standard Authorisation in place at the time and further care planning and a trial placement in the care of mother.
- Instructed to undertake detailed investigations into two complex issues ahead of a potential health and welfare deputyship application to the Court of Protection in relation to a client’s son. This included instructions to investigate the client’s son’s capacity to make decisions, which were complicated due to his age and medical diagnoses.
- Advised a mother on the prospects of a health and welfare deputyship application in regard to her son. The chances of obtaining a health and welfare deputyship are not generally high, and the client required expert advice. Quickly identified the issues that might prevent any application being granted and planned a way forward to target those issues.
- Advised a daughter on an urgent planned objection to the registration of her mother’s Enduring Power of Attorney by their brother, due to extensive concerns about the brother’s behaviour and potential financial abuse.
- Acted on behalf of an elderly client seeking to challenge an NHS decision to amputate his leg, arising from unstable diabetes.
- Acted on behalf of an Irish man living with dementia in a London care home. He wished to return to Ireland but this option had not been investigated on his behalf. He returned to Ireland in line with his wishes.
- Advised the Chair of a rare genetic condition charity on the prospects of an appeal against an order refusing permission to apply to be appointed as a personal welfare deputy for their daughter.
- Advised a mother on the prospects of a health and welfare deputyship application in regard to her son.
- Advised a mother on investigations into two complex issues ahead of a potential health and welfare deputyship application to the Court of Protection and the recognition and enforcement of an international special measure, in relation to her son.
- Advised a husband, following the unexpected hospitalisation of his wife due to a serious and life-threatening infection, concerning his duties owed as attorney under an LPA, capacity assessments, depression assessment and treatment, hospital discharge planning, future care and residence planning and wider and developing healthcare and financial management issues.
- Advised a family on a very urgent basis about rights and duties owed to their incapacitated elderly mother, in relation to funding of her care in a care home, a potential deputyship application, gatekeeping of NHS and care services by the local authority and Deprivation of Liberty assessments under the Deprivation of Liberty Safeguards (DOLS).
- Advised client in relation to urgent deprivation of liberty proceedings (s21A MCA 2005) in the Court of Protection involving issues of safeguarding and disputes about where her father should live, what care he should receive and whether contact should be restricted between her father and mother.
- Instructed by the Official Solicitor as litigation friend in an application by the local authority to the Court of Protection for capacity declarations, and best interests decisions regarding the woman’s care, where she lived, what contact she should have with her daughter, and whether her LPA should be revoked.
- Advised client in relation to urgent deprivation of liberty proceedings (s21A MCA 2005) in the Court of Protection involving issues of safeguarding and disputes about where her father should live, what care he should receive and whether contact should be restricted between her father and mother.
- Advised and assisted to son of incapacitated woman who faced serious allegations of financial misconduct under a Lasting Power of Attorney. Also issued urgent advice and assistance to son of incapacitated woman who was being prevented by the local authority from moving his mother abroad with him and his family.
- Created Lasting Powers of Attorney for Health and Welfare and Property and Affairs for a HNW individual. She wished to appoint her son, but not her husband, as attorney, and she held property in England and in South Asia. Detailed consideration of coercive control and safeguarding.
- Advised client in health and welfare dispute with her partner’s sons about what was best for her partner. Serious issues of medical treatment, residence and care.
- Advised client regarding allegations of financial mismanagement in her role as attorney under a Lasting Power of Attorney for her life long partner, by his sons. Assistance and guidance through OPG investigation process.
- Represented client regarding concerns about a local authority’s unlawful action in relation to (i) spiritual and religious needs in making best interests decisions (ii) failures in safeguarding duties and (iii) property and affairs disputes, under the Mental Capacity Act 2005 and the Care Act 2014.
- Prepared and filed a digital property and affairs Deputyship application for the brother of a wealthy business man who suffered traumatic brain injuries following a road traffic accident but had not prepared Lasting Powers of Attorney in advance.
- Advised client in relation to urgent deprivation of liberty proceedings (s21A MCA 2005) in the Court of Protection involving issues of safeguarding and disputes about where her father should live, what care he should receive and whether contact should be restricted between her father and mother.
- Instructed to advise and assist an international client based in Lebanon in relation to the urgent creation and registration of a Lasting Power of Attorney relating to her property and affairs in England
- Advised two brothers appointed as attorneys for their mother under a Property and Affairs LPA in regards to an investigation by the Office of the Public Guardian.
- Instructed by the Official Solicitor in an application by the local authority to the Court of Protection for capacity declarations, and best interests decisions regarding the woman’s care, where she lived, what contact she should have with her daughter, her property and affairs and whether her LPA should be revoked.
- Urgent advise and assistance to son of incapacitated woman who faced serious allegations of financial misconduct under a Lasting Power of Attorney. Urgent advice and assistance to son of incapacitated woman who was being prevented by the local authority from moving his mother abroad with him and his family.
- Advice and representation in relation to concerns about restrictions on contact with mother who was receiving end of life care, as well as broader safeguarding allegations including of coercive control by brother.
- Instructed to represent the mother of a man who lacked capacity to make decisions relating to his care and residence, and to travel, but had fled the country to Canada.
Reported cases
- Hinduja v Hinduja and others [2022]: welfare and property and affairs disputes relating to Srichand Hinduja
https://www.bailii.org/ew/cases/EWCOP/2022/36.html https://www.bailii.org/ew/cases/EWCOP/2022/37.html - In the matter of AB [2020]: habitual residence, recognition of foreign protective measure and deprivation of liberty
https://www.bailii.org/ew/cases/EWCOP/2020/47.html - In the matter of MB [2019]: withdrawal of treatment and advising MB’s mother in the latter stages of the litigation:
https://www.bailii.org/ew/cases/EWCOP/2019/29.html - In the matter of AT [2018]: costs award against LB Harrow arising from a community deprivation of liberty case
https://www.bailii.org/ew/cases/EWCOP/2018/37.html - In the matter of M [2018]: forced marriage and capacity to marry including extensive fact finding
https://www.bailii.org/ew/cases/EWCOP/2018/2.html - In the matter of P [2015]: instructed by P’s mother in a deprivation of liberty challenge resulting in detailed guidance
https://www.bailii.org/ew/cases/EWCOP/2015/54.html
Recognition
Recognised by Chambers UK 2025 for Mental Health: Patients and Court of Protection: Health & Welfare
“She is fearless in ensuring clients’ best interests are met.“Chambers UK 2025
“Zena is a solicitor who fights for her clients and who is unafraid of standing out if she believes it the right thing to do.“Chambers UK 2025
“She is very collaborative and does good work.”“Chambers UK 2025
“Zena is well known, renowned and respected.”“Chambers UK 2025
“She handles difficult cases.”“Chambers UK 2025
Acknowledged by Chambers 2025 as an experienced practitioner who specialises in Court of Protection cases and supporting clients who lack capacity. She has particular experience handling deprivation of liberty cases
Recognised in The Legal 500 2025 as a Leading Partner for Court of Protection
Recognised in the Bro Bono Recognition List 2025
Fellow of the European Legal Institute (ELI)
Vice Chairperson of the Court of Protection Practitioners Association (COPPA)
Accredited legal representative (ALR) under the Law Society’s Mental Capacity (Welfare) Accreditation scheme
Volunteer Supervisor for Queen Mary University’s Legal Advice Clinic
Member of the Human Rights Lawyers Association (HRLA)
Member of the Professional Deputies Forum
Associate member of the National Mental Capacity Forum
Recognised by Chambers UK 2024 for Mental Health: Patients
“Zena is really great and knowledgeable in Court of Protection proceedings.” Chambers UK 2024
“She is amazing. She has always been passionate and committed and gets the job done. Zena is a brilliant lawyer.” Chambers UK 2024
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.
“really top-flight solicitor, one of the best in the country. Fights her client’s corner fiercely and a pleasure to work with” The Legal 500 2022
“A well-deserved national reputation in this field; extremely well-respected in the Court of Protection world” The Legal 500 2022
“She has a level of dedication like no one else.” Chambers UK 2022
“Zena’s totally meticulous and detail-oriented, while working in a collegiate way to try to find solutions in challenging cases.” Chambers UK 2022
“…extremely clever and always uses her skills to assist her clients. She has a huge capacity for marshalling complex facts and ruthlessly cutting down masses of information to what is relevant and important and will make a difference.” The Legal 500 2021
“Zena is incredibly diligent and has a real passion about the law and legislation that surrounds mental capacity. She cares deeply about her clients and is incredibly thorough.”
“an excellent solicitor, is very committed to her clients and gives 100% to every stage of a case.”
“She is incredibly diligent with outstanding attention to detail.” Chambers UK 2021
“She shows a lot of passion for what she does and thinks deeply about the best way to communicate information and elicit responses from people who lack capacity to make decisions.” Chambers UK 2020
“an excellent solicitor” who is “very hard-working and extremely good with clients.” A commentator adds that “she has a great eye for detail and will always try and get the best result she can.” Chambers UK 2019
“She fights very hard for her clients.” Chambers UK 2018
“extremely diligent and thoughtful solicitor with a very practical approach” Chambers UK 2017
Career
Zena trained as Barrister and was called to the Bar in 2007. She then qualified as a solicitor in 2012. Prior to joining Keystone Law, she worked at the following firms:
- Mackintosh Law
- Simpson Millar LLP
- The Office of the Official Solicitor and Public Trustee