Court of Protection news

 

Can a deputy withhold information about the size of a Personal Injury damages award?

The recent case of Re EXB v FDZ [2018] EWHC 3456 (QB) answers the question as to whether a deputy can withhold information about the size of a PI damages award from the claimant in his best interests. Background The High Court was asked to approve a...

Deputies and Carers: Hiring and maintaining

In this article we explain how a carer is hired by a property and affairs deputy . We will explore the process that is followed, how deputies and case managers work together and address some of the issues that often arise. Agency care is becoming...

Do you need capacity to use the internet and social media?

There has certainly been a rise and development of the internet and social media over recent years. This has changed the way in which we communicate with each other. Electronic devices such mobile phones are now used across the world for communication,...

The role of a professional deputy: My life as a professional deputy

I act as a professional Financial Deputy for many clients and recently I have had a run of people wanting to change their Professional Deputy and come to me. So what causes this? Well, there are several reasons and it is usually a combination of two...

Personal Injury Trusts for Children

Following settlement of a claim our specialist Court of Protection team can assist with the financial management of the compensation your child has received. They help to ensure that your child is provided for throughout their entire life through a...

The basics of the Mental Capacity Act

What is the Mental Capacity Act? Mental capacity is the ability to make decisions for yourself. The Mental Capacity Act (MCA) 2005 is a law in England and Wales designed to protect and empower people who may lack the mental capacity to make their own...

How do I get care and support from my Local Authority?

The Care Act 2014 now gives local authorities’ a duty to arrange or provide care and support services to those in their area in need of it. In order to find out who needs assistance from the local authority they are required to carry out a care needs...

Dementia - planning for the future

What is dementia? Dementia is caused by a number of diseases that affect the brain. The most common is Alzheimer’s. Most people associate memory loss with dementia and this is one of the symptoms. Other common symptoms of dementia include changes in...

What happens when someone is found to be impersonating a vulnerable person for financial gain?

The recent case of Dudley Metropolitan Borough Council v Hill [2018] EWCOP 35 resulted in the Court making an order for committal to prison after the respondent was found guilty of impersonating P and incurring costs on P’s behalf that he was not...

How can we support decision making when someone lacks capacity now or might in the future?

“ There are growing numbers of people in England and Wales, estimated as around 2 million, who may lack capacity to make decisions or themselves because of illness, injury or disability. There are also concerns about variations in quality, consistency...

A level playing field in gaming

For years, like in most digital sectors, there has been a drive to make gaming more inclusive. In-game features like subtitles have had an overwhelmingly positive effect not only for those with hearing impairments, but for all players. Despite this progress,...

Can an office holder act as a Deputy?

The recent case of Re SH [2018] EWCOP 21 answers the question as to whether the Court can or should appoint as Deputy the holder of a specified office or position rather than a named individual. Background An application was made by the current holder of...

Mental Capacity (Amendment) Bill Part 2

In the second part of this series we explore the current status of the Mental Capacity (Amendment) Act Bill. We look at how the proposed changes would reform the legal arrangements surrounding those who lack capacity, ensuring that such arrangements do not...

The Orbiteers Abseiled for Headway

Congratulations to the Boyes Turner Orbiteers and our very own Thomas Green who represented the Court of Protection team in abseiling down from the Arcelor Mittal Orbit. The Orbit is the UK’s largest freefall abseil from which you can see...

Mental Capacity (Amendment) Bill Part 1

A new Bill is currently making its way through parliament to replace the existing law which protects the rights of people who do not have the mental capacity to make decisions about their care. Mental Capacity (Amendment) Bill When a person lacks...

60 Seconds with Jamie Woods: Taking the leap from PI to Court of Protection

Jamie Woods recently joined Boyes Turner’s Court of Protection team. He joined us following over 10 years in personal injury claims, taking a courageous leap in changing specialisms and retraining in Court of Protection. What kind of...

The impact of council-run means testing for social care

A recent BBC article highlighted the ongoing unfairness in the current council-run, means tested, social care system. In this article Mr Basford: “ has drawn the short straw and has dementia and not some other terminal illness, so he is having to pay...

How to end a deputyship

A deputyship can be brought to an end automatically or through choice. There are several ways in which a deputyship can end and these are: If a person dies then the deputyship comes to an immediate end and the Death Certificate must be sent to the...

So, you want to change your deputy?

You are never obliged to stay with the same deputy . The relationship between the deputy and their client must be built on confidence and trust and in the knowledge that they have considered your wishes. You may not always agree on something but...

What is a professional deputy?

A professional deputy is a practising solicitor with several years of experience in acting for vulnerable clients. They manage the property and affairs of both adults and children who are deemed to be mentally incapable of making their own financial...

Oakland's Junior School win prizes for road safety project

Children from Oaklands Junior School in Crowthorne worked hard and had fun learning about road safety during this year’s Road Safety Week campaign (November 20-26, 2017). Their challenge was to think about how to make the roads around their school...

Former Senior Judge warns of risks with Powers of Attorney

Yesterday an eminent former member of the judiciary  spoke on the BBC  about his concerns with Powers of Attorney. Denzil Lush was the most senior judge at the Court of Protection from 1996 until he retired in July 2016. He knows a thing or two...

Top 10 ways a deputy can save money!

I act as a property and finance Deputy for many clients. This means I am appointed by the Court to make decisions about finances when they are unable to make the decision themselves. I always try to save clients money. After all, I would do the same if it...

Brain Injury Group

Brain Injury Group The Court of Protection Team are now members of the  Brain Injury Group . This is a national network of specialist brain injury lawyers and other experts that provide access to a complete package of care and support for people...

Q&A with Anne Pearson

Over the following weeks we will be sharing a series of question and answer articles about our day-to-day lives in a Court of Protection team. This week, I interviewed Anne Pearson who is a Senior Manager in the Court of Protection team. Anne Pearson...

Q&A with Emma Wheeldon

Emma Wheeldon Emma is a paralegal in the Court of Protection team, assisting Ruth and the team with Deputyship and Personal Injury Trust work. Emma deals with clients on a day-to-day basis as well as liaising with other professionals in order to make the...

It's a dogs life

The British love their dogs. My own dog is a rescued 17 year old Collie cross that I love dearly. He’s been a family member since my children were small. So, I was surprised to see the recent case of  Mrs P v Rochdale Borough Council and...

Court of Protection - Contracts for Carers

The decision in the Pimlico case was the latest decision to highlight the importance of properly employing carers, read the BBC article here . Alexander Wright, senior associate – solicitor at Boyes Turner, explains more. What is this case about? ...

Hear me - why communication is so important

We learn to communicate from the moment we are born but as we get older, communication can become more difficult. This could be due to hearing loss or even a brain injury. Loss of communication can lead to isolation.  In the Court of Protection team...

My robot "friend"

I was surprised to hear that robots are to be used as companions for the elderly. My first thought was “how sad is that”? Have we really got to the point where we can no longer provide our elderly with human companionship and warmth?  ...

How to apply for a Disabled Facilities Grant (DFG)

As I mentioned in the first of this series –  What is a Disabled Facilities Grant (DFG)?  – this piece looks at how to apply for a grant. The first step in making an application for a Disabled Facilities Grant (DFG) is to contact the...

Court of Protection - Do you really need a solicitor?

Alexander Wright, associate – solicitor at Boyes Turner, sheds some light on Court of Protection applications and answers some frequently asked questions. Is it necessary for me to become a deputy? Not always. Local Authorities seem to be keen on...

Q&A with Alexander Wright

Over the following weeks we will be sharing a series of question and answer articles about our day-to-day lives in a Court of Protection team. This week, I interviewed  Alexander Wright  who is an associate – solicitor in the Court of...

Can pet therapy help those with memory loss?

Can you imagine not recognising the people you love? Or not being able to do simple task such as make a cup of tea, or find your way  around your local supermarket? These are just a few issues which a person suffering from dementia or Alzheimer’s...

Q&A with the Court of Protection team

Over the following weeks we will be sharing a series of question and answer articles about our day-to-day lives in a Court of Protection team. This week, I interviewed  Ruth Meyer  who is a partner and head of the Court of Protection team. ...

Surety Bonds

What is a surety bond? A ‘surety bond’ (also referred to as a ‘security bond’) is insurance that every professional or non-professional ‘lay’ deputy is required to take out by the Court. The surety bond protects the...

What would you put in a memory box?

As the range of conditions referred to generally as ‘Dementia’ continue to affect an increasing number of people, the therapies available to those diagnosed with diseases such as Alzheimer’s continue to be developed. Memory Boxes...

We challenged our colleagues to Bake-Off for Dogs for Good!

In November the  Court of Protection Team  organised a bake-off, challenging the firm’s avid bakers to raise valuable funds for Dogs for Good. The charity is based in Banbury, Oxfordshire and trains puppies to be assistance dogs and help...

Dementia treatments - Music therapy

Music therapy can be beneficial for all types of people, not just for those suffering with Alzheimer’s.  As a Deputy I have child clients with learning difficulties who thoroughly enjoy music therapy.  However, in this article my specific...

Dementia - The good, the bad and the ugly

Welcome to a series of short articles on dementia which we will be publishing over the next few months.  We will be specifically looking at current statistics on dementia and the types of therapy that may help. A new dementia map of England has...

Boyes Turner attend UK Sepsis Trust premiere

Ruth Meyer, Head of Court of Protection at Boyes Turner, together with Laxmi Patel, Julie Marsh and Sita Soni, Associate Solicitors in our Education and Clinical Negligence teams attended the premiere of ‘Starfish’ at the BT Tower in London in...

Statutory Will - speculating on the wishes of someone who lacks capacity and their best interests

A recent case concerning a Statutory Will has highlighted the difficulties of trying to speculate on the wishes of someone who lacks capacity and what is in their best interests. What is a Statutory Will? If a person is over the age of 18 and lacks the...

The service was personal, professional and considered. I was treated so kindly and in the end I knew that not only had I found the right organisation but also the right person.

Boyes Turner client

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