Vulnerable people ‘must have expert representation’

March 27, 2017 0 comments

Court of Protection

People whose cases come before the Court of Protection must have expert legal representation the Law Society has said. The Court of Protection is a branch of the High Court which makes rulings on behalf of vulnerable people unable to make decisions about their own best interests or welfare due to disability or illnesses such as dementia….

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Lasting power of attorney registration fees to be cut

March 16, 2017 0 comments

lasting power of attorney

The registration fee for establishing a lasting power of attorney will fall on April 1, from £110 to £82. Lasting powers of attorney (LPAs) are established when someone believes they may lose ‘capacity’ – the ability to make decisions about their best interests due to  an illness such as dementia. Sometimes they are set up…

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Man with learning difficulties ‘must remain in home’

January 13, 2017 0 comments

family law

A man confined to a supervised residential home because he poses a danger to children should remain there, the Court of Protection has concluded. The case concerned ‘N’, a man in his 40s with a learning difficulties sever enough to prevent him from leading an independent life. He also had a “paedophilic disorder” and tendency…

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Personal attorney released from prison

December 6, 2016 0 comments

powers of attorney

The Court of Protection has ordered the release of a personal attorney from prison. Devon County Council v Kirk concerned her appeal against a six month sentence for contempt of court. She had been appointed joint personal attorney for ‘MM’, an elderly gentleman in his 80s who had developed dementia, taking on responsibility for both…

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Man who fell off roof ‘cannot return home’

November 1, 2016 0 comments

family law

A man who suffered serious injuries after a fall from his roof cannot return home, the Court of Protection has heard. The 32 year-old suffered brain damage and a severe spinal injury in the fall and was left as a quadriplegic. The injuries he sustained appeared to have had a negative effect on his personality…

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The law is open to interpretation

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August 16, 2016 2 comments

deputy

I suspect that a non-lawyer would imagine that, as there is one ‘set’ of laws that all must follow, all lawyers view those laws in the same, uniform, way. However, one thing I learned when I was practising is that lawyers most certainly do not all view the law in the same way. In fact,…

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Court of Protection extends public access

July 29, 2016 1 comment

family law, media, news

A Court of Protection public access pilot scheme has been extended. It was originally scheduled to run from 29 January to 31 July this year but Her Majesty’s Courts and Tribunals Service (HMCTS) has this week extended it until 31 August 2017. Before the scheme began, cases before the Court were usually held in private,…

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High Court overrules daughter of man with dementia

June 24, 2016 0 comments

Court of Protection

A frail 83 year-old with dementia should be allowed to “die with dignity”, the High Court has ruled. Sitting at the Court of Protection, Mr Justice Keehan said he was confident the man’s Christian faith would lead him to “accept death as God’s will”. His daughter, by contrast, had insisted that if he would have…

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