News & Articles

Lasting Powers of Attorney and mental capacity

Assessing a donor’s capacity

When creating an LPA the donor must have the requisite mental capacity to make a power of attorney. Donor’s should be aware of the implications of their actions and the risk of exploitation.

When assessing capacity to create an LPA our specialist lawyers will refer to sections 2 and...Read More »

Powers of Attorney and the risk of abuse

A man has been jailed following a review of his mother’s financial affairs.  Mr Snelling, who was living in North Devon at the time, admitted four charges of fraud by abuse of position following a trial at Exeter Crown Court.  It was alleged he had taken over £41,000 from his mother...Read More »

Greater transparency in the court of protection

The court of protection has launched a new pilot scheme with the aim of introducing more transparency into its workings.

Journalists as well as members of the general public are being given greater access to the court and are now permitted to attend hearings.

Traditionally hearings in the court of protection are...Read More »

Deputy Removed for Refusing to Comply with Court of Protection Accounting Requirements

The recent case of Re CJ: Public Guardian v MP, 2015 EWCOP 21, has confirmed that the Court of Protection will not tolerate persistent breaches of a deputy’s accounting obligations.

Duties of a Deputy in the court of protection

MP was appointed to act as deputy on behalf of his 65 year...Read More »

Court fees and legal costs in the Court of Protection: How the Chicken and Egg dilemma can be avoided

If you are taking the time to read this article, there’s every possibility that a loved one has lost capacity and that you need to do something about it.

No one likes to pay for legal work to be carried out, but sometimes it is simply unavoidable.

Court of Protection work can...Read More »

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