Professional Blog

Key Changes to Gifting Guidance from the OPG

The Office of the Public Guardian has updated its guidance, introducing important changes that deputies and attorneys need to be aware of. These updates clarify how best interests are determined, specify when an application to the Court of Protection is necessary, and reinforce compliance requirements. This article breaks down each change in detail, helping you Read more
Navigating Trusts in Deputyships: Lessons from Nilsson v Cynberg on Express and Constructive Trusts

In the recent case of Nilsson v Cynberg (2024 EWHC 2164 Ch), the High Court addressed a question of increasing relevance for those of us managing property and finances under Court of Protection orders: how can informal agreements, particularly those related to property ownership, coexist with or override formal express declarations of trust? For Read more
Key Considerations for Court of Protection Injunctions

Injunctions are a powerful tool within the Court of Protection’s arsenal, used to prevent actions that may jeopardise the well-being of those who are unable to protect themselves due to a lack of mental capacity. However, the use of such injunctions must be carefully balanced against the rights of those subject to the orders. The Read more
Top 15 Questions About Deputyships

Understanding deputyships can be a complex yet crucial task when managing the affairs of someone who cannot do so themselves. Here are the top 15 most commonly searched questions about deputyships. 1. What is a deputy and what do they do? A deputy is a person appointed by the Court of Protection to make decisions Read more
Top 15 Questions About Powers of Attorney

Understanding powers of attorney (POAs) can be crucial for planning your future. Here are the top 15 most commonly searched questions about powers of attorney. 1. What is a Lasting Power of Attorney (LPA)? An LPA is a legal document that lets you appoint someone (an attorney) to make decisions on your behalf if you Read more
The Impact of OH v Craven: Proposing Balanced Solutions for PI Trusts

The judgment in OH v Craven [2016] EWHC 3146 (QB) has stirred significant debate within the legal community, particularly among personal injury lawyers and their clients. The ruling mandates that counsel’s advice be sought when establishing PI trusts, especially when the applicant solicitors’ firm is also acting as professional trustees, in an attempt to negate Read more