Tag: OPG
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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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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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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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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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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…
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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…
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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…
Jessica Jarvis 