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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

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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February 14, 2018 - News

Did you apply for a Lasting Power of Attorney (LPA) or Enduring Power of Attorney (EPA) to be registered between 1st April 2013 and the 31st March 2017? If you did then you may be eligible for a refund. The Ministry of Justice has embarked on a £69,000,000 refund scheme for people who may have […]


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February 5, 2018 - Guidance

Hot on the heels of the PP case, in January 2018 the Office of the Public Guardian has offered an updated practice note for attorneys and deputies. There are some very helpful reminders for attorneys and deputies in this note. The definition of a gift is wider than many people would think and the OPG […]


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January 16, 2018 - Guidance

Citation numbers [2015] EWCOP 93 and [2016] EWCOP 65 Case Impact in Brief If you are acting as an attorney, there are very clear rules about what you can give away and what you can’t. Unfortunately not everybody seems to know them.  In this case the attorneys seem to have sought advice but not from […]


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April 6, 2017 - Case Update

A recent case warns attorneys about higher risk investments that benefit the attorney personally through IHT reliefs.


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March 8, 2017 - Guidance

The Office of the Public Guardian (OPG) published new guidance on 3 March 2017 for professionals who are appointed to act as an individual’s attorney under an LPA.


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March 2, 2017 - Guidance

This Law Society guidance has been eagerly awaited by solicitors and other professionals.

The practice note is available here which includes a very useful flow chart and precedent letters.


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April 26, 2016 - Case Update

Comment – This is another sad case involving an attorney who seemed to be looking out for his own interests rather than Alma’s.  A panel Deputy is now in place and things are being put right.  Be careful who you appoint as your attorney! Case Details An attorney who took almost £80,000 from his aunt’s […]


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December 23, 2015 - Case Update

The subject of support payments has been very topical of late and we have seen a number of cases come through to the Court of Protection. This case is a little different because it involves attorneys. Comment There is extremely helpful guidance here from Senior Judge Lush, firstly on the question of mileage, secondly on […]


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September 1, 2015 - Case Update

A son who used more than £250,000 of his mother’s money for his own purposes has been removed as attorney. His “appalling” conduct and concern about assets he had bought in his name with his mother’s money being dissipated as part of his divorce led the Court of Protection to appoint deputies instead. This case […]


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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.