Tag: capacity
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The OPG’s 2025 Family Care Payments Guidance
The Office of the Public Guardian (OPG) has released updated guidance on family care payments in March 2025, revising its expectations for deputies who authorise payments from P’s funds to family members providing informal care. The guidance aims to balance P’s best interests with transparency and fairness in remunerating family members. However, this new guidance…
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Capacity, Contempt, and Custody: What Lawyers Need to Know from DCC v Grundy
The Court of Protection rarely exercises its power to commit individuals to prison for contempt. However, the recent case of Derbyshire County Council v James Grundy (DCC v Grundy) sets a striking precedent, demonstrating the court’s willingness to enforce its injunctions where continued non-compliance endangers a protected party (P). This case highlights the complex interplay…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
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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…
Jessica Jarvis 