Court of Protection news

 

'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...
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