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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

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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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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January 20, 2017 - Case Update

Not in this case, which involved a statutory will application brought in accordance with a previous court-approved compromise agreement


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December 30, 2016 - Case Update

A Judge orders independent advice on the appropriateness of a PI Trust and warns that courts won’t merely “rubber stamp” settlements.


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November 11, 2016 - Case Update

In this case the Court of Protection looked at whether a person who lacks capacity should have a trust or a deputyship. The Court also gave some guidance on what evidence it expects to see in similar cases.

We feature the Court’s summary guidance and our own comment below.


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September 2, 2016 - Case Update

Hot on the heels of the CoP’s recent lesson in how not to behave as a professional deputy, we might learn more lessons here from someone who got it wrong.


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Case Update

Not-for-profit organisations who act as deputies should ensure that the fees they charge are in accordance with the terms of the deputyship order.


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August 17, 2016 - Case Update

The conduct of this professional deputy is rather mystifying and it is unsurprising that the Court removed him.


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August 9, 2016 - Guidance

Professional deputies will need to follow the new guidance closely when claiming deputyship general management costs as the OPG and SCCO tighten up the costs regime.


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April 27, 2016 - Case Update

No, says the Court of Protection. In this case a husband, who could speak a little English but could not read and write English, was appointed Deputy for his wife.


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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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January 18, 2016 - Case Update

Comment Here we see another sad family dispute. The practice point for us to take from this though is whether somebody who has been acting for one of the parties can switch to a different role and become an independent professional deputy. The answer, quite rightly, is no. There may be non-contentious situations where a […]


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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.