Tag: Court of protection
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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…
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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.
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The OPG’s Security Bond Scheme: Can We Do Better?
Quietly, with no pomp or circumstance, the Office of the Public Guardian (OPG) announced a significant change to the surety (security) bond scheme for Court of Protection deputies. While the news may not have made headlines, it signalled a substantial shift in the way the OPG ensures the financial protection of vulnerable individuals, colloquially referred…
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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…
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Professional Deputies: How Clear Are Your New Obligations? Lets Talk Updated Deputy Standards (2023)
On February 13, 2023, the updated Public Guardian deputyship standards and supporting instructions for lay, professional, and public authority deputies were published. The revised standards simplify the earlier ones from July 2015 while also introducing new duties that all deputies must be aware of. The guidelines are clear that the Public Guardian expects Public Authorities…
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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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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 