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.
- 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.
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
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
Member of the Human Rights Lawyers Association (HRLA)
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:
- The Office of the Official Solicitor
- Fisher Meredith
- Simpson Millar
- Mackintosh Law