Council need not pay costs for successful appeal

April 21, 2017 1 comment

family law

A woman in her 70s who defied Court of Protection rulings has failed in her bid to secure an order for costs from Devon County Council for one of two appeals. The woman in question had been appointed personal attorney to ‘MM’, an elderly gentleman who had developed dementia and lived at a care home…

Continue reading…

Continuing rise in deprivation of liberty cases

April 5, 2017 0 comments

Court of Protection

The number of deprivation of liberty cases referred to the Court of Protection jumped by more than 100 per cent last year, the Ministry of Justice has reported. Under the Mental Capacity Act, living and care arrangements for some vulnerable and disabled people require court authorisation if they involve restriction on their freedom of movement…

Continue reading…

Vulnerable people ‘must have expert representation’

March 27, 2017 2 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….

Continue reading…

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…

Continue reading…

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…

Continue reading…

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…

Continue reading…

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…

Continue reading…

The law is open to interpretation

By:

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,…

Continue reading…

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,…

Continue reading…