Court of Protection news

 

Adapting a Home for a Disabled Client

As a Deputy I will get involved in managing the budget for large adaptation projects relating to houses that have been purchased for my clients. Many of my clients are children who have received a compensation award for medical negligence. The house is...

60 Seconds with Lauren Hall: Meet Lauren

The Court of Protection team here at Boyes Turner is expanding and we like to make sure that you all have a chance to meet our newest recruits, today it is the turn of Lauren Hall , Ruth Meyer , head of the team sat down with her and asked her some...

How can a Professional Deputy charge for the work they do?

When a Professional Deputy is appointed by the Court of Protection to manage another person’s property and affairs they are permitted to be paid for carrying out their duties in accordance with the Deputyship Order. A Deputy is allowed to claim...

'Best Interests'- how to decide?

I act as a Deputy for many clients, young and old, with different needs, requests and expectations. I manage their money and need to make best interest decisions daily.  When a client lacks capacity to make a particular decision then it’s my...

Making gift applications to the Court of Protection

Jemma Garside explains what is required to make a gift on behalf of another and explores the recent case law including the recent judgment in of FL v MJL (by his litigation friend, the Official Solicitor) [2019] EWCOP 31 . When would an application be...

Do I need to apply for a Health and Welfare Deputyship?

Where a person lacks the necessary capacity to make decisions about their health and welfare the Court of Protection has always preferred to make a one-off decision rather than appointing a personal welfare deputy. Indeed, the Code of Practice stated that...

Introducing Jemma Garside: Court of Protection and Community Care lawyer

Jemma Garside is an associate - solicitor in our Court of Protection team. Her speciality is Community Care law as well as Health and Welfare matters arising in the Court of Protection. When did you join Boyes Turner's Court of Protection team? ...

DNA testing and the Court of Protection

The recent case of DCC v NHL [2019] EWCOP9 considered an application by a local authority for an order permitting a DNA sample to be taken from NHL to assist with DNA testing. The application for the DNA sample to be taken was not contested. However, the...

Who should be appointed Deputy?

The recent case of NKR v The Thomson Snell and Passmore Trust Corporation Ltd [2019] EWCOP 15 concerned an application to the Court of Protection for the discharge of the appointment of an existing professional property and affairs deputy and the...

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...

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 Personal Injury 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...

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...

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? ...

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...

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...

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...

Family members and Statutory Wills - can you withhold notification?

A Statutory Will is a will made on behalf of a person who does not have the required mental capacity to make a will and which is authorised by the court. Statutory Wills can be fraught with difficulty. Not only are vast amounts of information required to...

A world without sound

Zafia Khan, a Paralegal in the Court of Protection team  is one of eight children and two of her sisters are deaf. This is her sign language journey. I first noticed how silent my profoundly deaf sister’s world was at a family gathering....

The learning curve - Top 5 tips for obtaining a statutory will

Over the past year, our Court of Protection team has dealt with a number of applications to Court for  statutory wills  for our clients. Every client is an individual with very specific personal circumstances so, although the application process...

Disability and Festivals - Rocking at Reading by Alexander Christmas

We would like to introduce, again, our guest writer, Alexander Christmas, who has kindly agreed to provide three short articles for our website. In his first article Alexander talked about his personal experiences as a person with disabilities...

What is a Disabled Facilities Grant (DFG)?

A Disabled Facilities Grant (known as a DFG) is an amount of money provided by a local council. It is potentially available to a person if they are required to change their home as a result of themselves, or a family member within the home, being disabled....

Top 10 reasons to use an SFE accredited lawyer

I, Ruth Meyer, am now a fully accredited lawyer for Solicitors for the Elderly (SFE) and have been for many years. This is an independent, national organisation of lawyers, such as solicitors, barristers, and chartered legal executives who...

National Living Wage increase - How will it effect our clients?

As specialist court of protection lawyers we represent a number of clients who are residential care home residents. We aim to ensure that they receive the most appropriate care for their needs. So, how would an increase in the National Living Wage...

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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