Jessica Jarvis

Professional Blog

  • Reverse Indemnities in Personal Injury Settlements: Key Takeaways from BJB [2024] EWCOP 59 (T2)

    Reverse indemnities require claimants who receive damages for personal injury to avoid “double dipping”—using both damages and state-funded support for care costs. If a claimant seeks state support, they often must repay the defendant. These indemnities aim to prevent overcompensation, ensuring resources are fairly used. However, they can be challenging to enforce, especially as claimants’… Read more

  • 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