Professional Blog

  • In the Spotlight: Re PW and Its Implications for Deputies

    The legal framework governing the management of affairs for individuals lacking capacity has evolved substantially, guided by pivotal judgments from the Court of Protection (COP). Landmark cases including Re MWS, ACC v Others, and the subsequent Re PW have showcased the intricate scrutiny and elevated standards expected of professional deputies and trustees. Read on to Read more

  • Navigating Holiday Gifting: Legal Tips for Attorneys and Deputies

    With the festive season just around the corner, gift-giving is on everyone’s mind. For attorneys and deputies, this period brings the important task of ensuring that any gifts given are both thoughtful and legally appropriate. Attorneys and deputies have the responsibility to make gifting decisions for others, but it’s important to remember that this role Read more

  • From Classroom to Courtroom: The Evolution of Gender Identity Rights in the UK

    In a recent case the Court of Protection navigates the complex waters of family law, gender identity, and youth autonomy, the story of EE, a 17-year-old non-binary individual, has captured significant attention. This case, set against the backdrop of evolving societal norms and legal frameworks, sheds light on the challenges young people face in asserting Read more

  • New Legislation Alert: The Impact of the Power of Attorney Act 2023

    In a significant legal development, the UK has reformed its Lasting Powers of Attorney (LPAs) with far-reaching amendments. After a detailed public consultation and subsequent Royal Assent granted on 18 September 2023, the new Power of Attorney Act is now law. This change marks the culmination of a lengthy process designed to modernise and make Read more

  • Who Decides? Revisiting Decision-Making Authority in Mental Health Following Manchester NHS Trust v JS

    Navigating the intricate relationship between the Mental Health Act 1983 (MHA) and the Mental Capacity Act 2005 (MCA) is fraught with complexity. The recent case of Manchester University Hospitals NHS Foundation Trust v JS & Anor offers vital insight into how these pieces of legislation intersect. This blog post aims to dissect the case and Read more

  • Costs Unleashed: The Explosive Impact of Fee Mismanagement in Brassington v Knights and JXC v NIS

    In the legal world, costs and the procedures surrounding them have always been a complex arena, fraught with challenges and potential pitfalls. Recently, two cases have starkly highlighted the importance of effective cost management, clear client communication, and robust administrative procedures, specifically in the area of Court of Protection work and conditional fee agreements. The Read more