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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
January 16, 2019 - News

In the case of EXB v FDZ [2018] EWHC 3456 (QB) Foskett J, that was the question to be determined. At age 26 EXB was involved in a catastrophic road traffic accident from which he acquired a traumatic brain injury. This injury was expected to be lifelong and meant that EXB would likely need support […]


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Lynne Bradey Court of Protection specialist based in Sheffield wiht knowledge of HMRC grant for vulnerable people
December 18, 2018 - Case Update

You might be surprised to find that the answer is yes. The case This case (Case Reference [2018] EWCOP 35) involves an elderly gentleman known as KJ who suffers from dementia.  There were concerns about the behaviour of two men, one named Shaun Hill.  It appears from the Judgement that KJ was Shaun Hill’s father. […]


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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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16 Jan 2019

The OTS's first report on the review of Inheritance Tax

The OTS's first report focuses on addressing the "practical complexities" of the regime.

10 Jan 2019

Thinking of installing renewable energy? What you need to know about the Smart Export Guarantee

The Government is consulting on the way small generators are paid for electricity they export to the grid –what is proposed, and what does this mean?

09 Jan 2019

What is cohousing?

Continuing our series examining key community-led housing concepts, we look at cohousing as an alternative to more conventional projects.