Arguing sons lose lasting power of attorney

March 29, 2016 0 comments

lasting power of attorney

Arguments between two sons appointed as the personal deputies of their elderly mother meant they could no longer look out for their mother’s interests, a Judge has ruled. In Re YW, the mother had been born in December 1935. She lives in Cornwall and worked as a primary school teacher before her retirement. She is…

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75 year-old ‘kept out of England’ by her son

February 24, 2016 0 comments

A 75 year-old woman has been “kept out of her native country” by her son, the Court of Protection heard this week. The elderly woman was involved in a road accident in 1995 which left her with serious brain injuries. As a result the court later declared that she did not have the mental capacity…

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Judge approves abortion for troubled woman

February 22, 2016 2 comments

family life

Medical staff may perform an abortion on a troubled woman, the Court of Protection has ruled. The mother of two’s relationship with the father of her youngest child apparently “became characterised by domestic violence perpetrated on her by her partner”. In December she discovered she was pregnant again and told her sister that she did…

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Court of Protection grants man right to die

February 15, 2016 1 comment

family law

A man who suffers from Huntington’s disease should be allowed to die the Court of Protection has ruled. Mr Justice Hayden made this decision after he was told that the man had removed his feeding tube around 120 times. The man’s mother and aunt both believed he wanted to “go”. Huntington’s disease is a genetic…

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Judge rules pregnant woman cannot decide treatment

February 11, 2016 1 comment

family life

A 21 year-old woman expected to give birth in the next week is not able to make decisions about her treatment the Court of Protection has ruled. She had been detained under mental health legislation as a result of extensive drug use. The mother-to-be had developed psychosis due to her use of cannabis and MDMA…

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The Court of Protection opens its doors

February 1, 2016 0 comments

Court of Protection

The Court of Protection has launched a pilot scheme which will allow the public and media greater access to hearings. The Court of Protection makes rulings in cases involving people who are unable to make their own decisions due to disability, dementia or similar illnesses. Under a new ‘practice direction’ [directive], all new Court of…

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Court of Protection rejects deprivation of liberty claims

January 22, 2016 0 comments

family life

The Court of Protection has rejected claims that a local authority and NHS Trust wrongly deprived a disabled man of his freedom of movement. North Yorkshire County Council & Another v MAG & Another concerned the eponymous ‘MAG’, a 35 year-old man who suffered from a range of disabilities, including autism, cerebral palsy, sensory impairments…

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Veteran of ‘lunacy’ legislation receives new deputy

January 13, 2016 0 comments

powers of attorney

An elderly lady who was assessed under obsolete ‘lunacy’ legislation in her youth has received her third personal deputy. Re A concerned ‘A’, now 78, who was born to an aristocratic family. One of her brothers was killed on active service during World War Two, while a sister died in 1988. She now has one…

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Court rules on former tobacco trader’s finances

January 6, 2016 0 comments

family law

The Court of Protection has appointed a legal professional to manage the finances of an elderly former tobacco trader. The 83 year-old was identified only as ‘Ron’ in the judgment. He suffered a stroke in 2007 and was diagnosed with dementia in 2014. The following year, his daughter from the second of his three marriages,…

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