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Court of Protection

Welcome to our Court of Protection blog featuring updates, guidance and news from the Wrigleys team.

Court of Protection Home

Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
October 23, 2018 - Guidance

What happens if you instruct your attorney to assist your suicide in your Lasting Power of Attorney? In this case, the Public Guardian made nine applications to the Court of Protection because he had received nine Lasting Powers of Attorney with provisions relating to euthanasia or assisted suicide. Some of the LPAs appeared to have […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
October 22, 2018 - News

The tax system is not the most straightforward thing in the world.  Many people with full mental capacity and the ability to access the internet still find they need help to make sure they understand the HMRC policies and regulations. Who helps vulnerable people with their tax? This isn’t just about paying the right amount of […]


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October 12, 2018 - News

A qualified person can be appointed as deputy for property and financial affairs by virtue of holding an office in an approved organisation. The appointment will continue even if the office holder is replaced by another person. The Office of the Public Guardian should be informed of a change in office holder or other relevant […]


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September 21, 2018 - Case Update

Before there is a flurry of over excited gifting, let me make it clear that this gift was only approved by the Court after a thorough consideration of the situation and a best interest assessment. Attorneys have very limited powers to make gift without the Court’s approval.  For example, an attorney can buy a birthday […]


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August 22, 2018 - Case Update

http://www.bailii.org/ew/cases/EWCOP/2018/17.html Readers might remember that Mr Fitzgerald, a very persistent maker of Court of Protection applications, reappeared a few weeks ago when his latest application was dismissed as without merit.  The last instalment can be found here It seems that Sir James Munby had not heard the last of the tireless Mr Fitzgerald after all.  […]


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August 7, 2018 - News

Following the recent appointment of Sir Andrew McFarlane as President of the Family Division of the High Court comes the announcement of Mr Justice Hayden’s appointment as the new Vice-President for the Court of Protection. The team at Wrigleys wish to congratulate both on their appointments and look forward to the future development of the […]


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News

In case some of you may have missed it, there has been a long awaited reduction in #COP fees from last Wednesday 25 July 2018. The application fee has reduced from £400 to £385 & Appeal fee from £400 to £320. The Hearing fee remains the same. For further information click here  


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July 24, 2018 - Case Update

Readers of the blog might remember Desmond Maurice Allan Fitzgerald, who featured in a previous posting which can be found here. The original dispute was about the affairs of A, Mr Fitzgerald’s aunt. A’s niece, C, was appointed as A’s deputy in May 2013.  Mr Fitzgerald had objected to this.  In fact Mr Fitzgerald objected […]


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July 17, 2018 - News

The Office of the Public Guardian (OPG) is about to launch a mediation pilot scheme to deal with family conflicts about powers of attorney.   The scheme will apply to Enduring and Lasting Powers of Attorney.  The mediation will be face to face as far as possible.  The views of the person who made the power […]


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April 17, 2018 - Guidance

Case reference ET v JP 2018 EWHC 685 Ch Which Court? If you want the Court to vary a trust with minor beneficiaries but one of those beneficiaries lacks capacity, do you go the Court of Protection or the High Court? Answer – the High Court every time. In this case, the parties could have […]


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March 21, 2018 - News

This is the third edition of Austin Thornton’s publication on Paying for Residential Care. More than ever, due to the continuing care funding crises, practitioners are being regularly contacted by clients for advice on paying for care for themselves or their loved ones.  Austin has been a solicitor for nearly 23 years and has worked […]


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March 12, 2018 - News

A huge thank you to all that attended our second “Through the Maze” Conference, last Wednesday 7 March in Leeds. We heard from five excellent speakers, including our own Austin Thornton. Austin along with Stephen Knafler QC of Landmark Chambers gave interesting talks in relation to the issues surrounding Direct Employment of carers specifically regulation, […]


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12 Dec 2018

Enfranchisement reform - implications for community-led housing

We look at the impact of proposed changes to enfranchisement law – community-led housing (CLH) groups should respond before 7 January 2019.

30 Nov 2018

Will a refusal to offer a trial period make a redundancy dismissal unfair?

Yes, the refusal of a contractual right to a four week trial period in an alternative role is very likely to lead to an unfair dismissal (EAT).

30 Nov 2018

Can an employee be dismissed for incapability if their contract provides long-term disability benefits?

Incapability dismissal may be unfair and discriminatory if employee is contractually entitled to income when incapacitated by permanent disability.