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Common questions and misconceptions about the role of Deputies
Posted: 06/12/2023
A Deputy is a court-appointed person who manages the affairs of a Protected Party (P). P is someone who the Court of Protection (COP) has determined does not have the requisite capacity to manage their affairs and their circumstances are such that a deputy is required to make decisions in their best interests for them on an ongoing basis......>>
ACC & Others: three years on…
Posted: 13/04/2023
It has been three years since the judgment in ACC & Others [2020] EWCOP 9 (ACC) was handed down by a judge of the Court of Protection (COP), Senior Judge Hilder. The judgment itself concerned the authority required by deputies to obtain legal services, and the proper management of conflicts of interest; guidance from the judgment......>>
Judgment in R (L, M and P) v Devon County Council promises to reduce uncertainty surrounding the amendment process for EHCPs
Posted: 11/03/2022
The case of R (L, M and P) v Devon County Council [2022] EWHC 493 (Admin) has been decided by the High Court and judgment was issued on 8 March 2022. This landmark case finally provides some clarity about the process of amending an education, health and care plan (EHCP) following annual review......>>
Alcohol dependency and capacity – Unwise or uncapacious decisions?
Posted: 28/01/2022
This year marks the tenth anniversary of Dry January, the UK’s one-month challenge initiated by Alcohol Change UK, a leading UK alcohol charity formed from the merger of Alcohol Concern and Alcohol Research UK - Dry January | Alcohol Change UK......>>
Deputyship or personal injury trust?
Posted: 01/09/2021
Dealing with personal injury or clinical negligence claims can be challenging and the focus is generally on how to secure a compensation award for the injured party. However, securing the award is not the end of the matter, as the selection of the right option for successful claimants following an award also needs to be carefully considered and understood......>>
DOLS in the Covid-19 era: a deputy’s perspective
Posted: 15/04/2021
The Covid-19 pandemic has brought with it an awareness and appreciation of one’s liberty. For many adults, this has been the first time they have not been able to do as they would like and make independent decisions. However, there is a significant part of the population that goes through this experience every day, regardless of the pandemic...…>>
A voice for disabled adults: challenging the rules on health and welfare deputyships in the High Court
Posted: 30/04/2019
The current legal battle involving Rosa Monckton, a close friend of Princess Diana, and a group of other parents of disabled children in the High Court has drawn the attention of the media and social welfare professionals alike......>>
Welsh Government champions council tax discounts for mentally impaired
Posted: 11/04/2019
The Welsh Government has agreed this week to a standardised format both for claiming severe mentally impaired discount and backdated claims across all of its 22 local authorities. The move follows a two-year campaign by consumer website MoneySavingExpert......>>
Penningtons Manches' Court of Protection team acts for client awarded gift in excess of £6 million
Posted: 07/09/2018
The Court of Protection has recently approved gifts in excess of £7 million from the estate of JMA, a person lacking capacity, including over £6 million to her son, PBC. Daniel Toop of Penningtons Manches’ Court of Protection team was instructed to make the application to the court, with the primary purpose of mitigating inheritance tax payable on JMA’s death......>>
Mayor’s comments bring Universal Credit back into the spotlight
Posted: 03/09/2018
London Mayor Sadiq Khan has again highlighted the issues facing Universal Credit by calling on the Government to immediately pause its rollout in order to prevent thousands of Londoners being at risk of ‘considerable disruption’ and ‘a significant threat of harm’......>>

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