Tag: capacity
-
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…
-
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…
-
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…
-
Failing Our Vulnerable: An In-Depth Look at the OPG’s Oversight Weaknesses
In the shadowy corners of our societal conscience, a covert epidemic is spreading, largely unnoticed: elder abuse. As our global population continues to age, an escalating number of older adults find themselves in the cruel grip of exploitation, frequently by those they rely upon for their care. This investigation seeks to illuminate the problem of…
-
Revisiting Testamentary Capacity: The Baker v Hewston (2023) Cross-Check Approach
Testamentary capacity, the mental ability a person needs to make or alter a will, is a pivotal concept in private client law. Given that questions around this area form one of the most common reasons for will challenges, it’s crucial for practitioners to stay up-to-date with the relevant legal framework. The recent case of Baker…
-
Hilder Rules: No Asset Injunctions by Court of Protection
In a landmark case, Senior Judge Hilder unveils the true boundaries of the Court of Protection’s jurisdiction. Don’t miss out on this legal revelation – click to learn more.
-
Digital Restraint and Deprivation of Liberty: A Critical Examination of Court of Protection’s Stance
In the digital age, children are exposed to an unprecedented amount of information and communication technologies. While this technology can be a powerful tool for education and development, it also poses significant risks to children’s safety and wellbeing. As such, safeguarding children has become a critical concern in the 21st century. However, safeguarding must also…
-
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…
-
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…
-
What You Need to Know About the Changes to the Deputyship Application Process From 1 January 2023
As of 1 January 2023, the deputyship application process will be changing in the UK. This is a significant shift, and anyone considering applying for deputyship must be aware of the new process and its implications for them. Deputyship is a legal arrangement that allows someone to make decisions and take action on behalf of…
Jessica Jarvis 