Category: Uncategorized
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Navigating Direct Payments After Lumb: What Deputies Need to Know
Lumb v NHS Humber and North Yorkshire ICB & Anor [2024] EWCOP 57 has become a lightning rod for scrutiny across Court of Protection practice. At its core, the case raised a deceptively simple question: can a professional deputy act as the recipient of direct payments (DPs) and charge P for related management, without express…
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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…
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Court confirms that a specific diagnosis is not required when determining capacity
In North Bristol NHS Trust v R [2023] EWCOP 5 the Court of Protection (COP) confirmed that, when applying the capacity test in section 2(1) of the Mental Capacity Act 2005, it was not necessary to trace the disturbance of or impairment in the mind or brain to a particular diagnosis. An NHS trust asked…
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Small Payments Scheme and The Court of Protection
Through 2021 and 2022, the Ministry of Justice (MOJ) sought input on a prospective system that would let families have access to small sums of money that belonged to loved ones who lacked mental capacity. Up to a total amount of £2,500, a new simplified procedure would let withdrawals and payments from cash-based accounts without…
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Professional Executors Costs Appeal Decision: Time To Review Your Charging Clauses
A recent appeals decision has been handed down by Justice Cavanagh in the case of Shepherd & Co Solicitors v Brealey [2022] EWHC 3229. The appeal was dismissed and reinforced the need for comprehensive and regularly reviewed terms of business, fee schedules and charging clauses where relevant. This decision should be considered by professional executors…
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Hybrid-Working: The New Norm. How To Make It Work For Employers and Colleagues
With working from home for part of the week now the norm for many as we move out of the COVID-19 pandemic, it is important that businesses take steps to ensure it is a success. Below are some of the key legal and practical considerations if you are a business who has adopted, or a…
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Ordinary Power of Attorney
An ordinary power of attorney allows one or more person, known as your attorney, to make financial decisions on your behalf. It’s only valid while you still have the mental capacity to make your own decisions. You may want to set one up if, for example: You can limit the power you give your attorney…
Jessica Jarvis 