Mental capacity 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...

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 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...
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