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Court of Protection

No more Court of Protection fees on most Child Trust Fund applications

The vast majority of parents and guardians seeking to support a young person’s future by accessing savings held in a Child Trust Fund (CTF) will no longer have to pay court fees to do so. The move... Read full article

Covid vaccinations, capacity and consent in a care setting.

As the Covid-19 vaccination programme gets underway for care home residents, it is important to ensure that those residents who want the vaccine can receive it. It is also important to understand the... Read full article

Will the Court of Protection deal with my case during Covid-19?

Will the Court of Protection deal with my case during Covid-19? The Court of Protection has jurisdiction over the property, financial affairs and personal welfare of people who lack mental capacity... Read full article

Mental capacity and Covid-19

What happens when a patient who lacks capacity has coronavirus and decisions need to be made? It is important to point out that the Mental Capacity Act 2005 was not amended by the recent emergency... Read full article

Deputyship refunds owed to thousands

A large number of people who had deputies appointed for them by the Court of Protection may be owed a government refund of more than £700. The move comes after a Ministry of Justice review found... Read full article

Claudia’s Law – long awaited legal lifeline for families of missing people

A new law enabling the families of people who have gone missing to apply for powers to look after their financial and legal affairs whilst they’re gone, comes into force at the end of this month... Read full article

Making decisions for young adults with learning difficulties – who knows best?

It’s a Court of Protection decision that has been long awaited by parents of children with severe learning difficulties who want to be allowed to continue to make health and welfare decisions on... Read full article

Caring for an elderly family member – could you be paid for what you do?

With the social care system under increasing pressure, families are perhaps more than ever struggling to find affordable and sustainable care solutions for elderly relatives. Whilst many elderly... Read full article

Court of Protection: Frequently Asked Questions

The Court of Protection is a specialist court which was set up under the Mental Capacity Act 2005 to help individuals who lack the capacity to be able to make decisions for... Read full article

Court of Protection: Some case study examples

We acted for a niece who applied to the Court to be appointed a Deputy for both the financial matters and the health and welfare of her... Read full article

When you need to make a statutory Will on someone else’s behalf

Sometimes, sadly but inevitably, it may be necessary to intervene to make or change a Will on someone else’s behalf. This may be because a serious brain injury, illness or dementia – and... Read full article

Mental capacity – selling a jointly owned property

New guidance outlining what to do if somebody you own a home with loses mental capacity, and a deputy for property and affairs has to be appointed on their behalf, has been issued by The Office of... Read full article

Myths and misconceptions – Resolving LPA issues with local authorities and care homes

Alison Lamont, solicitor associate in our Wills and Mental Capacity team, sets the record straight…... Read full article

Court of Protection Rules – it’s all change on 6th April

The Court of Protection Rules are changing for the first time since they were implemented alongside the Mental Capacity Act in 2007. Some changes regarding appeals (to different tiers of Court of... Read full article

Court of Protection: Prison Sentence for Contempt of Court

In recent months the case of Wanda Maddocks has hit the headlines for being, supposedly, the first publically known case of someone given a prison sentence for Contempt of Court by the Court of... Read full article

Court of Protection: What you need to know

The Court of Protection is a specialist court which was set up under the Mental Capacity Act 2005 to help individuals who lack the capacity to be able to make decisions for... Read full article

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