The question arising in a recent case brought before the Court was, whether a person who had been sectioned under s.3 of the Mental Health Act 1983
The extent of financial abuse within families is more of a problem than may necessarily be known.
A bond is an insurance policy put in place to protect the person whom the deputyship is for.
Once you have been appointed as deputy by the Court of Protection, as part of the Court overseeing the deputyship they may ask one of the Court of Protection visitors to meet with you for an assurance visit.
Specifically the Court looked at whether the provisions were valid or not. If the OPG is unsure about a certain provision included in a Lasting Power of Attorney they can make an application to Court to ask a Judge to make a ruling.
For most people who are appointed either as an attorney or deputy, a difficulty can arise over a question of gifts and the authority to make them.
Gifts are part of everyday life and there are many reasons why someone would make a gift. If someone does lack capacity and has a deputy or attorney in place there are strict rules about what gifts can be made.
As a background to this cross-border capacity case, P lived in Portugal with his sister. The Court had ordered that P was to return to the UK, where he was from, however his sister disagreed with this Order.
This was an appeal for which the Court had to consider whether the original Order made was a good way of getting him back to the UK. They also had to look at whether returning to the UK was still in P’s best interests.
The Daily Mail caused controversy amongst Court of Protection practitioners this week when it published an article entitled “secret court in control of a two billion fortune”. The article was, in our opinion, full of half truths and inaccuracies although it did raise an important question in relation to the interest rate currently paid by…
Today, I was reading the May edition of 39 Essex Street Chambers’ excellent Court of Protection Newsletter and noted a recent decision of the Court of Protection which, amongst other things, provides a salutary, but sad, lesson on the importance of obtaining proper legal advice (in this instance, in relation to Living Wills). In An…
Last week the Court of Protection handed down their down judgment in the case of SM –v- HM. The issue before the Court was in what circumstances was it open to the Court of Protection to authorise the settlement of any incapacitated person’s assets as an alternative to a Deputyship? Effectively, could a Court depart…